Pennsylvania Election Code

Chapter 1. Election Law Commission [Expired]

§§ 1 to 3. Expired

Chapter 2. Constitutional Amendments [Repealed]

§ 21. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 22 to 24. Repealed by 1972, Dec. 6, P.L. 1339, No. 290, § 4

Chapter 3. Election Officers

ELECTION AND DUTIES

GENERAL PROVISIONS

§ 41. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 42. Election of judges and inspectors in boroughs; officers to be elected

It shall be lawful for the borough electors annually to elect:
I. The corporate officers designated in the charter or by this act.
II. One judge and two inspectors of the general election.
III. One assessor and two assistant assessors, when required by the laws of this commonwealth.
IV. One borough auditor to serve three years.
V. One constable.
VI. Two overseers of the poor, if necessary, who shall perform the duties and be subject to the provisions of the law respecting township officers and elections.

§§ 43 to 56. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 57. Election officers in Philadelphia may be re-elected

All persons acting as judges and inspectors of the general election in the city and county of Philadelphia may be re-elected, any law to the contrary notwithstanding.

§ 58. Setting aside election of officers in Philadelphia

Whenever thirty citizens of any ward, in the city of Philadelphia, shall present a petition to the court of common pleas of the said city, setting forth that in any election division of said ward the inspectors of elections, or the return inspectors, are of the same political party, and have been chosen, or elected, in violation of the spirit and intention of the several acts of assembly, regulating elections, verified by the oaths, or affirmations, of any two of them, it shall be the duty of the said court to grant a rule on the officers returned, chosen or elected, for such division, to show cause, if any they have, why the selection of such election officers should not be set aside; and if, upon the investigation of the matters set forth in the said petition, they shall be found to be true, it shall be the duty of said court to set aside the selection of such officers, and to appoint a judge, two inspectors and two return inspectors, to serve in such election division, for the next election, and until others are duly elected, or chosen; said appointments may be made from any part of the ward in which such election division is located; and the officers, so appointed, shall have and exercise the same powers and duties, and be liable to the same penalties, as officers elected by the qualified voters now are.

§§ 59 to 63. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 64 to 66. Expired. See Const. Art. 7, § 11

OATH OF OFFICE

(Repealed)

§§ 71 to 77. Repealed by 1937, June 3, P.L. 1333, § 1901

PAY

§ 91. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 92. Compensation of judges, inspectors, and clerks in boroughs

The town council of every borough hereafter incorporated, shall from time to time fix the salaries of the high constable, town clerk, treasurer, street commissioner and such other officers as they may appoint; and also the compensation to be made to the judges, inspectors and clerks of the election for borough officers, which salaries and allowances shall be paid out of the proper borough treasury by orders drawn thereon signed by the burgess.

§§ 93 to 96. Repealed by 1937, June 3, P.L. 1333, § 1901

PENALTIES FOR OFFENSES

§§ 121 to 129. Repealed by 1937, June 3, P.L. 1333, § 1901

§130. Receiving votes without proof, in Philadelphia

Whenever, in the investigation of any contested election, whether before any committee of councils, any court of the city and county of Philadelphia, or committee of the senate, or house of representatives, or a joint committee thereof, it shall appear that in any election division of said city, the officers of election shall have wilfully [sic] received the votes of ten persons, or upwards, whose names are not contained in the list of taxable inhabitants, furnished to the election officers of such division, by the city commissioners, without requiring proof of the payment of taxes, citizenship and residence, which now are, or hereafter may be, required by law, such dereliction of duty shall be deemed a misdemeanor; upon conviction whereof the said officers of election shall be fined in a sum not exceeding one thousand dollars, and be imprisoned for a period not exceeding two years, both, or either, at the discretion of the court.

§§ 131 to 133. Repealed by 1937, June 3, P.L. 1333, § 1901

ELECTION EXPENSES

(Repealed)

§ 161. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 162. Repealed by 1992, Nov. 24, P.L. 717, No. 108, § 3, imd. effective

Chapter 4. Registration of Voters; Enrollment of Voters

GENERAL PROVISIONS

IN GENERAL

§ 191. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 192 to 195. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 221, 222. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 221, 222. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 222a. December assessment and registration abolished

The annual assessment and registration of voters in the election districts of this Commonwealth commencing on the first Monday in December, and ending on the sixty-first day before the third Tuesday in February, be, and the same is hereby, abolished and superseded; and that all the duties with respect to such December assessment and registration, or in any way appertaining or applicable thereto, heretofore required of and from the assessors in the various election districts, be, and the same are hereby, abrogated and annulled.

§§ 223 to 228. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 229. When temporary voting place is established, assessor to sit at his residence

It shall be the duty of the assessor in all voting districts or precincts in this commonwealth, where temporary voting places are or may be established, to be present at his place of residence in said election district or precinct during the two secular days next preceding the day fixed by the third section of the act of May 29, 1891, being a supplement to the act of January 30, 1874, for returning the list to the county commissioners, from 10 A.M. to 3 P.M., and from 6 P.M. to 9 P.M., of each of said days, to perform all the duties as set forth in section two of the act of May 29, 1891, being a supplement to the act of January 30, 1874.

§§ 230 to 235. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 236. Election of assistant assessor; filling vacancies

ENUMERATION OF REGISTERED PERSONS

(Repealed)

§§ 261 to 263. Repealed by 1998, Feb. 13, P.L. 72, No. 18, § 23, imd. effective

PERSONS IN ARMED FORCES

(Expired)

§ 271. Expired

ENROLLMENT ACCORDING TO PARTY AFFILIATION

§ 291. Party enrollment required; non-partisan primaries; right to vote

At each and every registration of voters held under any of the election and registration laws of this State, whether it is a personal registration or otherwise, and in all cities, counties, boroughs, townships, and all other districts, there shall be a registration and enrollment of the voters according to their respective party preferences and affiliations: Provided, however, That if at any time the laws of this Commonwealth shall provide for the nomination of a candidate or candidates for any office or offices at non-partisan primaries, then, and in that case, every enrolled, registered or qualified elector shall be entitled to receive and vote such non-partisan primary ballot, in accordance with the provisions of the law authorizing and establishing such primary.

§ 292. Enrollment in cities; challenges; designation or change of affiliation; counting presidential electors; exclusive use of party name

§ 293. Enrollment by assessors or registry assessors; certificate

§ 294. Inquiry by assessor; absent electors; time for return of certificate

The assessor or registry assessor making the enrollment, in districts other than in cities of the first, second and third classes, shall ascertain, if possible, at the time of making the annual assessment, by personal inquiry of the elector, the party politics, preferences or affiliations of the elector, and note and record the same, with the residence and other particulars required in making the assessment; and in case the elector is not at his residence at the time the said assessor or registry assessor visits the residence of the elector, he shall leave a certificate of enrollment which the elector may fill out and give to the assessor or registry assessor at some time prior to or on the sixty-second day preceding each primary, at which time said assessor or registry assessor shall sit at the polling place and receive said certificate; at which time the same shall be recorded by the assessor or registry assessor in the register.

§ 295. Preparation of register; inserting enrollment; continuance or change; necessity of enrolling

The county commissioners shall have the register so prepared as to permit the assessor or registry assessor to insert the party enrollment of each elector. Upon the receipt of the certificate of enrollment from the elector, the assessor or registry assessor shall insert in the register, after said elector’s name, his party enrollment: Provided, however, If an elector has at any time received party enrollment under the provisions of this act, it shall be the duty of the assessor or registry assessor to insert in the said registry, from year to year, at the time of making the annual assessment, said party enrollment, after the name of the said elector, until such time as a certificate of enrollment is presented to or filed with him by the said elector to a contrary effect. Each elector, not already enrolled, desiring to participate in the primaries, must file with the assessor or registry assessor his enrollment certificate. If an elector does not desire to vote at a primary election, he shall not be required to sign or execute the above certificate as to his party affiliation or membership, and such party affiliation shall not be recorded.

§ 296. Challenges; oath; counting presidential electors

If an elector in districts other than in cities of the first, second, and third classes, enrolled as a member of a party, is challenged at the primaries as to his party enrollment, he shall make oath before the election officers, that at the last preceding November election at which he voted, he voted for a majority of the candidates of that party: Provided, however, That the group of Presidential electors shall be counted as two candidates.

§ 297. Compensation of assessors

The assessor or registry assessors shall be entitled to the same per diem compensation for sitting at the polling places on the sixty-second day preceding each primary as is now allowed by law for the making of the original annual assessment, which shall be paid in the manner now authorized by law.§ 298. Correction of mistakes

§ 298. Correction of mistakes

Should the registrars, assessors, or registry assessors make a mistake in recording an elector’s party, the said elector may have the registry corrected, amended, or altered, so as to secure a correct registration, in the same manner and by the same processes as are provided by law for the correction and amendment of the registry in other particulars: Provided, That such amendments shall not be made later than ten days before any primary election at which the voter desires or intends to vote.

§ 299. Right to vote at primary

An elector duly registered and enrolled as a member of a political party, if otherwise qualified, may vote the ballot of said party at a primary, subject to the provisions of this act. No elector enrolled and registered as a member of any one particular party shall be allowed to receive or vote the ballot of any other political party at a primary election, and no elector who is not enrolled and registered as a member of some political party shall be permitted to vote at any primary election.

§ 300. Registration in boroughs and townships before primary election

Persons otherwise qualified to vote at any primary election in any borough or township, except by registration or enrollment, shall be entitled to register and enroll as a member of a political party with the county commissioners at any time at least ten days before such primary election. The county commissioners shall, in such cases, register and enroll any such person as an elector of his or her proper election district in the same manner as electors are registered and enrolled by registry assessors.

§ 301. Offenses by officials; wrongful enrollment; excluding from enrollment

Any registrar, assessor or registry assessor wilfully violating any of the provisions of this act, or wilfully registering any false statement of an elector, or registering as the member of a political party one whom he knows not to be such, or excluding from a party registry or enrollment any voter whom he knows to be entitled thereto, shall be guilty of a misdemeanor; and on conviction thereof shall be punished by imprisonment for not more than one (1) year, and a fine of not more than one thousand dollars ($ 1,000), or either or both, in the discretion of the court.

§ 302. Electors; false affidavits or statements

Any elector who shall wilfully make any false affidavit or statement to any registrar, assessor or registry assessor, with intent to procure the false party enrollment or registration of himself or of any other voter, shall be guilty of a misdemeanor; and on conviction thereof shall be punished by imprisonment for not more than one (1) year, and a fine of not more than one thousand dollars ($ 1,000), or either or both, in the discretion of the court.

§ 303. Wrongful voting; receiving illegal vote

Any voter or elector of this Commonwealth wilfully voting or attempting to vote at any primary election in violation of the provisions of this act, or any election officer wilfully receiving or conspiring to receive the vote of any elector casting the ballot, as an elector of any political party, not qualified as a member of said party under the provisions of this act, shall be guilty of a misdemeanor; and upon conviction thereof shall be punished by imprisonment for not more than one (1) year, and a fine of not more than one thousand dollars ($ 1,000), or either or both, in the discretion of the court.

PERSONAL REGISTRATION; FEDERAL AND STATE EMPLOYEES

§ 321. Registration of federal and state employees; certificate; payment of taxes

Any person employed in the service of this State or in the service of the Federal Government, and required thereby to be absent from the city wherein he resided when entering such employment, his wife or her husband, shall, on petition to the proper registration commissioners, verified by affidavit, and without appearing personally before the commissioners, be registered as of the district wherein he or she shall have resided prior to entering such service. In such case a residence by street and number shall not be required, but the person shall be registered as of the proper district. In the case of persons employed by this Commonwealth, no such petition shall be considered unless it be accompanied by a certificate from the Auditor General, under the seal of his office, setting forth that the proper person, or the husband or wife of the person, is actually employed in the service of this Commonwealth, and also setting forth the nature of such employment and the time when such person first entered such employment. In the case of persons employed by the Federal Government, no such petition shall be considered unless it be accompanied by a certificate from the head of the proper department or chief of the proper division or bureau, under the seal of his office, setting forth that the proper person, or the husband or wife of the person, is actually employed in the service of the United States, and also setting forth the nature of such employment and the time when such person first entered such employment. No such person shall be registered unless he or she shall produce to the registration commissioners satisfactory proof that he or she is, by payment of taxes and otherwise, entitled to registration. When any such person so registered shall vote, he or she shall be required, by the proper election officers, to sign the ballot check list of the proper district.

§ 322. Forms; preparation; furnishing

The petitions required by this act shall be upon blank form, which shall be prepared by the proper registration commissioners, and shall be by them furnished on written application.

IN CITIES OF THE FIRST CLASS

(Repealed)

IN GENERAL

(Repealed)

§§ 341 to 622. Repealed by 1937, March 30, P.L. 115, § 47a

PERMANENT REGISTRATION ACT

(Repealed)

§§ 623-1 to 623-17. Repealed by 1995, June 30, P.L. 170, No. 25, § 5106(a), imd. effective

§ 623-18. Repealed by 1976, July 1, P.L. 476, No. 122, § 6, effective in 30 days

§§ 623-19 to 623-22. Repealed by 1995, June 30, P.L. 170, No. 25, § 5106(a), imd. effective

§ 623-23. Repealed by 1976, July 1, P.L. 476, No. 122, § 14, effective in 30 days

§§ 623-24 to 623-46. Repealed by 1995, June 30, P.L. 170, No. 25, § 5106(a), imd. effective

IN CITIES OF THE SECOND CLASS, SECOND CLASS A AND THIRD CLASS, BOROUGHS, TOWNS AND TOWNSHIPS

IN GENERAL

§§ 641 to 661. Repealed by 1919, July 10, P.L. 857, § 53; 1933, Sp.Sess., Jan. 2, 1934, P.L. 140, § 45; 1933, Sp.Sess., Jan. 18, 1934, P.L. 250, § 44

§ 662. Term of registration commissioners where cities consolidate

In the case of consolidation of two or more cities, under the laws of the commonwealth, the boards of registration commissioners of said cities, provided for and appointed in accordance with an act, entitled “An act to provide for the personal registration of electors in cities of the first and second classes of this commonwealth to make such registration a condition of the right to vote in such cities, and to provide penalties for the violations of its provisions,” approved the seventeenth day of February, Anno Domini one thousand nine hundred and six, shall remain in office and continue their functions until the expiration of the term for which they were appointed, each board of registration commissioners remaining in charge of the municipal territory for which it was appointed.

PERSONAL AND PERMANENT REGISTRATION ACT

(Repealed)

§§ 663 to 806. Repealed by 1919, July 10, P.L. 857, § 53; 1933, Sp.Sess., Jan. 2, 1934, P.L. 140, § 45; 1933, Sp.Sess., Jan. 18, 1934, P.L. 250, § 44

§§ 807-1 to 807-44. Repealed by 1937, May 25, P.L. 814, § 47

§§ 807-101 to 807-147. Repealed by 1955, May 31, P.L. 62, § 36

§§ 808-1 to 808-45. Repealed by 1937, June 1, P.L. 1132, § 47

§§ 809-1 to 809-49. Repealed by 1955, May 31, P.L. 62, § 36

§§ 821 to 945. Repealed by 1935, July 1, P.L. 478, No. 195, § 41

§§ 946-1 to 946-40. Repealed by 1937, May 25, P.L. 849, § 47

§§ 947-1 to 947-47. Repealed by 1955, May 31, P.L. 62, § 36

§§ 951-1 to 951-20. Repealed by 1995, June 30, P.L. 170, No. 25, § 5106(a), imd. effective

§ 951-21. Repealed by 1976, July 1, P.L. 504, No. 123, § 6, effective in 30 days

§§ 951-22 to 951-46. Repealed by 1995, June 30, P.L. 170, No. 25, § 5106(a), imd. effective

Chapter 4A. Voter Registration Act [Repealed]

CHAPTER 1. PRELIMINARY PROVISIONS

(Repealed)

§§ 961.101 to 961.106. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 3. REGISTRATION SYSTEM

(Repealed)

SUBCHAPTER A. ADMINISTRATIVE POWERS AND DUTIES

(Repealed)

§ 961.301. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

§ 961.302. Deleted by 2001, June 25, P.L. 674, No. 61, § 4, imd. effective

§§ 961.303 to 961.307. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

SUBCHAPTER B. STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE)

(Repealed)

§ 961.321. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

§ 961.322. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), imd. effective

CHAPTER 5. VOTER REGISTRATION

(Repealed)

SUBCHAPTER A. QUALIFICATIONS

(Repealed)

§§ 961.501, 961.502. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

§§ 961.501, 961.502. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

§§ 961.521 to 961.530. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 7. RECORDS

(Repealed)

§§ 961.701 to 961.706. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 9. CHANGES IN RECORDS

(Repealed)

§§ 961.901 to 961.912. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 11. COMMISSION PROCEEDINGS

(Repealed)

§ 961.1101. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 13. JUDICIAL REVIEW

(Repealed)

§§ 961.1301, 961.1302. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

§§ 961.1301, 961.1302. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 15. PENALTIES

(Repealed)

§§ 961.1501 to 961.1514. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 17. ENFORCEMENT

(Repealed)

§§ 961.1701 to 961.1704. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 19. PROVISIONS CONTINGENT ON FEDERAL LAW

(Repealed)

§§ 961.1901 to 961.1905. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

CHAPTER 51. MISCELLANEOUS PROVISIONS

(Repealed)

§§ 961.5101 to 961.5109. Repealed by 2002, Jan. 31, P.L. 18, No. 3, § 5(2), effective in 45 days

Chapter 5. Nomination of Candidates; Conventions and Primary Elections [Repealed]

NOMINATION OF CANDIDATES IN GENERAL

(Repealed)

§§ 971 to 1341. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 6. Qualifications of Voters

§§ 1361. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 1362. Qualifications of electors at borough elections

Every person entitled to vote for members of the general assembly, having resided in the borough six months immediately preceding the election, and within one year paid a borough tax, if such shall have been levied, shall be entitled to vote at the borough election.

§§ 1381 to 1444. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 7. Elections by Soldiers in Actual Military Service [Repealed]

§§ 1471 to 1510. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 8. Conduct of Elections

1521. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 1522. Borough elections

Borough elections shall be held in accordance with and subject to all the provisions of the laws regulating township elections, so far as applicable, unless otherwise provided for in the charter.

§§ 1541 to 1581. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 1582. Polling places in Philadelphia; how designated

It shall be the duty of the select and common councils of said city to designate the place of holding the elections in the several election divisions of the wards in said city, and to notify the sheriff thereof at least thirty days prior to the second Tuesday of October next; and shall have full power and authority to remove or change the place of holding the elections in any of the said election divisions whenever, by reason of inability to hold said election at the place so designated, a change shall become necessary.

§§ 1583 to 1632. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 1633. Change of polling places in Philadelphia

The place for holding all elections in the city of Philadelphia may be changed in accordance with the provisions of the fifty-sixth section of the act entitled “An act relating to the elections of this commonwealth,” passed July 2, 1839.

§§ 1634 to 1863. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 1864. Commissioners in Philadelphia to furnish list of delinquent taxpayers

The county commissioners of the city and county of Philadelphia be and they are hereby directed and required, upon the application of any inspector of elections of any ward or district in the city or county aforesaid, to furnish the said inspector with a certified copy of all persons assessed in the ward or district to which the said inspector belongs, who have not paid a state or county tax for two years preceding such application: Provided, That nothing in this section shall be construed to disqualify any person from voting whose receipt for state or county tax may bear a date subsequently to the making out of said list.

§§ 1865 to 1903. Repealed by 1933, April 7, P.L. 26, No. 19, § 1; 1937, June 3, P.L. 1333, § 1901

§ 1904. Appointment of deputy sheriffs in certain counties prohibited

It shall not be lawful, on and after the passage of this act, for the sheriff of any county, coextensive in boundaries with any city of the first class, to appoint any deputies to be present and act as such, for preserving the peace or for any other purpose, at any election polls within said cities of the first class.

§§ 1905 to 1957. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 9. Count and Return of Vote

§§ 1971 to 2094. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 2095. Disposition of ballot boxes in Philadelphia

The commissioners for the city of Philadelphia shall provide a fireproof room or vault, in the public buildings of the said city, or some other suitable place, at which the judge of the elections, after the closing of the polls, and the requirements of the law have been complied with, shall forthwith there deliver to the mayor and recorder of the city of Philadelphia the said ballot boxes; that the said room or vault shall not be accessible to any other person than the mayor and recorder aforesaid, who shall be present and receive, at the said room, or vault, the ballot boxes from the return inspectors as aforesaid; that the mayor and recorder aforesaid shall not take or open, nor permit to be taken or opened, any ballot box deposited as aforesaid, for the space of one year after the same has been therein deposited, except when they shall be called upon by some court or other tribunal authorized to try the merits of such election; and after such trial or investigation it shall be the duty of the mayor and recorder aforesaid to have said box or boxes returned and deposited as aforesaid.

§ 2096. Neglect of duty in care of ballot boxes

If any officer under this act shall neglect or fail to perform the duties herein imposed upon them, then they, or either of them, shall, upon conviction, be sentenced to pay a fine of five hundred dollars, and undergo an imprisonment, by separate or solitary confinement, not exceeding three years, respectively, for every such offense.

§§ 2121 to 2126. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 10. Elections to Fill Special Offices

§§ 2141 to 2162. Repealed by 1937, June 3, P.L. 1333, § 1901

ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

(Repealed)

§§ 2181 to 2187. Repealed by 1931, June 27, P.L. 1416, No. 361, § 9

§ 2188. Repealed by 1937, June 3, P.L. 1333, § 1901

§§ 2189, 2190. Repealed by 1942, Ex.Sess., Feb. 25, P.L. 7, § 4

§§ 2189, 2190. Repealed by 1942, Ex.Sess., Feb. 25, P.L. 7, § 4

§§ 2191 to 2195. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 2196. Repealed by 1942, Ex.Sess., Feb. 25, P.L. 7, § 4

§§ 2196a to 2196c. Repealed by 1943, May 8, P.L. 256, § 3

§ 2197. Repealed by 1951, Dec. 22, P.L. 1734, § 3

§ 2198. Repealed by 1962, Ex.Sess., Jan. 29, P.L. (1961) 1805, § 4

§§ 2199.1 to 2199.3. Repealed by 1966, Sp.Sess. No. 2, March 8, P.L. 1, § 7

§§ 2199.11 to 2199.16. Repealed by 1972, Jan. 25, P.L. 7, No. 3, § 4, imd. effective

§§ 2199.21 to 2199.23. Repealed by 1982, March 3, P.L. 127, No. 42, § 3, imd. effective

ELECTION OF STATE SENATORS AND REPRESENTATIVES

§ 2201. Number of Senators; senatorial districts

§ 2202. Basis of apportionment

The districts, as above enumerated, shall be based on the decennial census of the United States for the year one thousand nine hundred and twenty, and shall take the lines and boundaries, and include all the territory within the same, as said lines and districts respectively existed at the completion of said census.

§ 2203. Districts containing one county or a part thereof

The nomination and election of State Senator, which the qualified electors of any county or of any part of a county are entitled to elect of themselves unconnected with any other county or district, shall be made, held, and conducted, and the return of votes cast at primary and general elections for the nomination and election of such members shall be made, computed, canvassed, and certified, as now or hereafter may be provided by law.

§§ 2204 to 2208. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 2209. Time of election of Senators; Senators in office

At the general election in the year one thousand nine hundred and twenty-two, and quadriennially thereafter, Senators shall be chosen to serve for four years in the even-numbered districts. At the general election in the year one thousand nine hundred and twenty-four, and quadriennially thereafter, Senators shall be chosen to serve for four years in the odd-numbered districts.
The Senators now in office shall continue in such office, and shall respectively represent the districts as herein apportioned in which they reside until the expiration of the terms for which they were elected.

§§ 2209a to 2209d. Unconstitutional

§§ 2210, 2211. Repealed by 1953, July 29, P.L. 956, § 4

§§ 2210, 2211. Repealed by 1953, July 29, P.L. 956, § 4

§ 2212. Certificates of election

From and after the passage of this act, the President pro tempore of the Senate and the Speaker of the House of Representatives shall be and they hereby are authorized and directed, upon receipt of the returns of elections for Senators and Representatives in the General Assembly of Pennsylvania, held in the several counties of this Commonwealth, to issue to each person so returned as elected as Senator or Representative an appropriately engraved and engrossed certificate of his election. Said certificates to be signed by the said President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, attested by the Chief Clerks of the respective Houses, and sealed with the seals hereinafter provided for.

§§ 2213, 2214. Repealed by 1953, July 29, P.L. 956, § 4

§§ 2213, 2214. Repealed by 1953, July 29, P.L. 956, § 4

§§ 2215, 2216. Repealed by 1964, Jan. 9, P.L. (1963 Ex.Sess.) 1419, § 4

§§ 2215, 2216. Repealed by 1964, Jan. 9, P.L. (1963 Ex.Sess.) 1419, § 4

§§ 2217 to 2220. Repealed by 1983, June 15, P.L. 23, No. 11, § 1, imd. effective

§§ 2221, 2222. Repealed by 1983, June 15, P.L. 24, No. 12, § 1, imd. effective

§§ 2221, 2222. Repealed by 1983, June 15, P.L. 24, No. 12, § 1, imd. effective

Chapter 11. Elections to Fill Vacancies [Repealed]

§§ 2231 to 2255. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 12. Offenses Against Election Laws

 §§ 2271 to 2294. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 2295. Payment of poll tax in Philadelphia; wrongful issuance of receipt

From and after the passage of this act it shall not be lawful for any alderman of said city to receive the payment of personal taxes, unless specially deputed by the receiver of taxes of said city; and no receipt for the payment of taxes, heretofore given by any alderman, shall be taken as evidence of the payment of any such tax by the election officers of any election division of said city. The said receiver of taxes shall have power, and he is hereby required, to appoint at least one person, in each of the wards of said city, to receive poll taxes from citizens assessed therefor; said appointment shall be made at least three weeks before any election; and the person, so appointed, shall have some public place wherein he shall be found for at least three hours, between 10 and 1 o’clock, in each secular day prior to the day of the election; and on the day of the election during the whole time the polls are open; of which time and place notice shall be given upon the street lists now required to be published and posted: Provided, That in the rural wards there shall be not less than three persons appointed, to each of whom shall be assigned the district for which he is to collect and receive such personal taxes; but no election division shall be divided in forming such district; said deputies shall be required to collect both city and state taxes from the citizen assessed, either on the regular or extra assessment, unless he shall make oath or affirmation that he is unable to pay both; and not then, unless he shall have paid at least one of said taxes within fourteen months next previously; Provided, That if any person so appointed shall issue or give a receipt to, or for, any person whose name is not upon the assessment list, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not exceeding $ 200, and imprisoned for a period not exceeding three months, both or either, in the discretion of the court.

§§ 2311, 2312. Repealed by 1992, Nov. 24, P.L. 717, No. 108, § 3, imd. effective

§§ 2311, 2312. Repealed by 1992, Nov. 24, P.L. 717, No. 108, § 3, imd. effective

§§ 2331 to 2373. Repealed by 1937, June 3, P.L. 1333, § 1901

§ 2374. Political assessments and contributions forbidden in certain cases

It shall be unlawful for any political committee or any member, employe or agent thereof, or for any public officer or employe, or any other person whatsoever, directly or indirectly, to demand from any public officer, subordinate or employe holding any office or position of honor, trust or profit under this Commonwealth, or otherwise engaged or employed in the service of the Commonwealth, or employed by, or in any way engaged in the service of, any political subdivision, or from any person receiving any public assistance whatsoever from the Commonwealth or the United States, directly or through employment on public works, or any person, association or corporation desiring or having a contract with, or a certificate, license or permit from, the Commonwealth or any political subdivision, any assessment or percentage of any money or profit, or their equivalent in any thing of value, with the understanding, express or implied, that the same may be used or shall be used for political purposes: Provided, however, That nothing in this act contained shall be construed to prohibit voluntary contributions to any political committee or organization for legitimate political and campaign purposes to the extent such contributions are not prohibited by law.

§ 2375. Penalty for violation

Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to imprisonment for a term not exceeding one (1) year, or to pay a fine not exceeding one thousand dollars ($ 1,000), or both, in the discretion of the court.

Chapter 13. Contested Elections [Repealed]

§§ 2391 to 2541. Repealed by 1937, June 3, P.L. 1333, § 1901

Chapter 14. Election Code

§ 2600. Election laws codified

The laws relating to general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests are hereby codified, revised and consolidated as follows:

ARTICLE I. PRELIMINARY PROVISIONS

§ 2601. Short title

This act shall be known, and may be cited, as the “Pennsylvania Election Code.”

§ 2602. Definitions

The following words, when used in this act, shall have the following meanings, unless otherwise clearly apparent from the context:

§ 2603. Construction

§ 2604. Acts done on legal holidays and Sundays

No part of any day fixed for the performance of any duties by any person or official under this act shall be deemed a Sunday or a legal holiday so as to affect the legality of any work done for the purpose of carrying out the provisions hereof, or the right of any person to any compensation provided for herein for rendering any service required hereby, or so as to relieve any person from doing on such day whatever is necessary for such purposes, and such services are hereby declared to be necessary public services.

§ 2605. Effective date

Except as otherwise provided herein, this act shall be in force and take effect from and after its final enactment.

§ 2606. Publication of notices

Whenever under the provisions of this act notice is required to be given by newspaper publication in any county or in any municipal subdivision thereof, such notice shall be published in at least two and not more than three newspapers of general circulation as defined in the “Newspaper Advertising Act,” approved May 16, 1929 (Pamphlet Laws 1784). At least one of said newspapers shall represent the majority party, and at least one shall represent the minority party, if there be that many published within the limits of such county or municipal subdivision. If there are not two such newspapers, then publication shall be made in at least either one newspaper of general circulation representing the majority party or at least one newspaper of general circulation representing the minority party, whichever is published in such county, and at least one newspaper of general circulation representing the other party published in an adjacent county and circulating in such county or municipal subdivision in which such notice is required to be published: Provided, however, That if in any such county, or in any municipal subdivision thereof, there are at least three newspapers of general circulation published within the limits of such county or municipal subdivision, the foregoing provisions of this section shall be deemed complied with if publication shall be made in all of the said newspapers in the county or municipal subdivision, notwithstanding that all such newspapers may represent either the majority party or the minority party. Whenever such notice relates to any matter or proceeding in court or to the sale of bonds or increase of indebtedness, the same shall also be published in the legal newspaper, if any in the proper county, provided publication can be made therein on the same day or days as publication is made in newspapers of general circulation.

ARTICLE II. THE SECRETARY OF THE COMMONWEALTH

§ 2621. Powers and duties of the Secretary of the Commonwealth

The Secretary of the Commonwealth shall exercise in the manner provided by this act all powers granted to him by this act, and shall perform all the duties imposed upon him by this act, which shall include the following:

§ 2621.1. Explanation of ballot question

Whenever a proposed constitutional amendment or other State-wide ballot question shall be submitted to the electors of the Commonwealth in referendum, the Attorney General shall prepare a statement in plain English which indicates the purpose, limitations and effects of the ballot question on the people of the Commonwealth. The Secretary of the Commonwealth shall include such statement in his publication of a proposed constitutional amendment as required by Article XI of the Constitution of Pennsylvania. The Secretary of the Commonwealth shall certify such statement to the county boards of elections who shall publish such statement as a part of the notice of elections required by section 1201 or any other provision of this act. The county board of elections shall also require that at least three copies of such statement be posted in or about the voting room outside the enclosed space with the specimen ballots and other instructions and notices of penalties. In election questions which affect only one county or portion thereof, the county board of elections shall fulfill these requirements in the place of the Attorney General and the Secretary of the Commonwealth.

§ 2622. Records and documents to be open to public inspection

The records of the Secretary of the Commonwealth and all returns, nomination petitions, certificates and papers, other petitions, accounts, contracts, reports and other documents and records in his custody shall be open to public inspection, and may be inspected and copied by any qualified elector of the State during ordinary business hours at any time when they are not necessarily being used by the Secretary of the Commonwealth, or his deputy or employes having duties to perform in reference thereto: Provided, however, That such public inspection thereof shall only be in the presence of the Secretary of the Commonwealth, or his deputy or one of his authorized employes, and shall be subject to proper regulation for safekeeping of the records and documents, and subject to the further provisions of this act.

§ 2623. Preservation of records

All documents and records in the office of the Secretary of the Commonwealth shall be preserved therein for a period of two years, unless otherwise provided in this act.

§ 2624. Voting Standards Development Board

§ 2625. State Plan Advisory Board

§ 2626. Requirements relating to voter identification

§ 2627. Requirements for disapproval or decertification of voting apparatuses

§ 2628. Census outreach

The Department of State may utilize up to four million dollars ($4,000,000) of funds not expended, encumbered or committed from appropriations from the General Fund for a fiscal year ending before July 1, 2020, for an executive branch agency, which is subject to the policy, supervision and control of the Governor, for communication, administration and assistance within each county of the Commonwealth for the purpose of ensuring a complete and accurate census count of the Commonwealth in the 2020 Federal decennial census. The funds shall be transferred by the Secretary of the Budget to a restricted account as necessary to make payments under this section and, when transferred, are hereby appropriated to carry out the provisions of this section. The Secretary of the Budget may make a transfer of funds if the transfer will not result in a deficit in an appropriation from which funds are transferred. The Secretary of the Budget shall provide at least ten days prior notification of a transfer to the chair and the minority chair of the Appropriations Committee of the Senate and the chair and minority chair of the Appropriations Committee of the House of Representatives.

ARTICLE III. COUNTY BOARDS OF ELECTIONS

§ 2641. County boards of elections; membership

§ 2642. Powers and duties of county boards

The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:

§ 2643. Decisions by majority vote; employes

§ 2644. Regulation; subpoenas; witnesses; fees

§ 2645. Expenses of county boards and of primaries and elections to be paid by county; expenses of special elections; boards to be provided with offices

§ 2646. Counsel; compensation; duties

The county solicitor shall serve as counsel for the county board in the several counties of the Commonwealth, and shall receive no compensation therefor in addition to his compensation as county solicitor. Such counsel shall advise the county board, from time to time, regarding its powers and duties, and the rights of candidates and electors, and concerning the best methods of legal procedure for carrying out the various provisions of this act, and shall appear for and represent the county board on all appeals taken from its decisions or orders to the court of common pleas, as herein provided.

§ 2647. Acts of employes

The amending of any records by any employe of any county board of elections by order of such board shall be construed to have been done by the board itself, which shall likewise be responsible for the correction of any errors in the doing thereof.

§ 2648. Records and documents to be open to public inspection; proviso

The records of each county board of elections, general and duplicate returns, tally papers, affidavits of voters and others, nomination petitions, certificates and papers, other petitions, appeals, witness lists, accounts, contracts, reports and other documents and records in its custody, except the contents of ballot boxes and voting machines and records of assisted voters, shall be open to public inspection, except as herein provided, and may be inspected and copied by any qualified elector of the county during ordinary business hours, at any time when they are not necessarily being used by the board, or its employes having duties to perform thereto: Provided, however, That such public inspection thereof shall only be in the presence of a member or authorized employe of the county board, and shall be subject to proper regulation for safekeeping of the records and documents, and subject to the further provisions of this act: And provided further, That general and duplicate returns, tally papers, affidavits of voters and others, and all other papers required to be returned by the election officers to the county board sealed, shall be open to public inspection only after the county board shall, in the course of the computation and canvassing of the returns, have broken such seals and finished, for the time, their use of said papers in connection with such computation and canvassing.

§ 2649. Preservation of records

All documents, papers and records in the office of the county board of elections of each county shall be preserved therein for a period of at least eleven (11) months, and all official ballots and the contents of ballot boxes shall be preserved therein for a period of at least four (4) months; in the event the county board has been notified in writing by the district attorney of the county, or by a judge of a court of record, to preserve said papers or contents of ballot boxes for a longer period of time, for the purposes of pending prosecution or litigation, said records shall be preserved accordingly.

§ 2650. Watchers or attorneys at sessions of county board; candidates may be present

§ 2651. Immunity from arrest

Members of county boards of elections, and custodians of voting machines shall be privileged from arrest while performing their duties as such under this act, except upon warrant of a court of record or judge thereof, for felony, for wanton breach of the peace or for a criminal violation of this act.

§ 2652. Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1193], effective June 27, 1978

ARTICLE IV. DISTRICT ELECTION OFFICERS

§ 2671. District election boards; election

All primaries and elections shall be conducted in each election district by a district election board consisting of a judge of election, a majority inspector of election and a minority inspector of election, assisted by clerks and machine inspectors in certain cases, as hereinafter provided. The judge and inspectors of election of each election district shall be elected by the electors thereof at the municipal election, and shall hold office for a term of four years from the first Monday of January next succeeding their election. Each elector may vote for one person as judge and for one person as inspector, and the person receiving the highest number of votes for judge shall be declared elected judge of election, the person receiving the highest number of votes for inspector shall be declared elected majority inspector of election, and the person receiving the second highest number of votes for inspector shall be declared elected minority inspector of election.

§ 2672. Qualifications of election officers

§ 2673. Tie votes for judge and inspector

If at any municipal election in any district there shall be a tie vote for the office of judge of election, the majority inspector of election elected at said election shall decide the tie vote. If at any municipal election in any district there is a tie vote for inspectors, the two candidates who receive the same number of votes shall determine by lot which of them shall be the majority inspector, and the other candidate shall be the minority inspector, and in case of a tie vote also for judge of election at said election, the tie shall be decided by the person so determined to be majority inspector. The county board shall be notified immediately upon the determination of any such tie vote.

§ 2674. Clerks of election, machine inspectors

Prior to the opening of the polls at each primary and election in districts in which voting machines are not used, each inspector shall appoint one clerk to serve at such primary or election. One clerk shall be appointed by the minority inspector in each district in which a voting machine or machines are used, and in each district in which more than one voting machine is used, the county board of elections shall, prior to each primary and election, appoint for each additional voting machine to be used in such district, one qualified registered elector of the county to serve as machine inspector therein for such primary or election. The qualifications of clerks and machine inspectors shall be the same as herein provided for election officers.

§ 2675. Vacancies in election boards; appointment; judge and majority inspector to be members of majority party; minority inspector to be member of minority party

§ 2676. Election officers to be sworn

All judges, inspectors, clerks of election and machine inspectors shall, before entering upon their duties at any primary or election, be duly sworn in the presence of each other and of the watchers and overseers, if any. The judge shall first be sworn by the minority inspector or by a magistrate, alderman or justice of the peace, and the inspectors, clerks and machine inspectors shall then be sworn by the judge. Each of them shall forthwith sign in duplicate the oath taken by him upon forms to be furnished by the county board, and the same shall be attested by the officer who administered the oath.

§ 2677. Oath of judge of election

§ 2678. Oaths of inspectors of election

§ 2679. Oaths of clerk of election

§ 2680. Oath of machine inspectors

§ 2681. Power of election officers to administer oaths

The judge and inspectors of election shall each have the power to administer oaths to any person claiming the right to vote, or to his witnesses, or in any matter or thing required to be done or inquired into by them under this act.

§ 2682. Repealed by 1982, May 5, P.L. 374, No. 108, § 3, effective in 60 days

§ 2682.1. Repealed by 1997, Oct. 31, 1997, P.L. 482, No. 48, § 3, effective Jan. 1, 1998

§ 2682.2. Compensation of district election officers

§ 2683. Election officers, clerks, machine inspectors, and overseers privileged from arrest

District election officers, clerks, machine inspectors and overseers shall be privileged from arrest upon days of primaries and elections, and while engaged in making up and transmitting returns, except upon the warrant of a court of record, or judge thereof, for an election fraud, for felony, or for wanton breach of the peace.

§ 2684. Instruction of election officers in voting machine districts; unqualified officers not to serve

In districts in which voting machines are to be used, the county board of elections, or the custodians appointed by them, shall instruct in the use of the machines, and in their duties in connection therewith, all judges and inspectors of election and machine inspectors who are to serve at the primary or election, and who have not been previously instructed and found qualified, and they shall give to each judge, inspector and machine inspector, who has received such instruction and is found qualified to conduct such primary or election with the voting machine, a certificate to that effect. For the purpose of giving such instructions, the county boards shall call such meeting or meetings of election officers as shall be necessary. Each judge, inspector and machine inspector shall, upon notice, attend such meeting or meetings called for his instruction and receive such instruction as shall be necessary for the proper conduct of the primary or election with voting machines, and, as compensation for the time spent in receiving such instruction, each judge, inspector and machine inspector who shall qualify for and serve at such primary or election, shall receive the sum of five ($ 5.00) dollars, to be paid to him at the same time and in the same manner as compensation is paid to him for his services on election day. No judge, inspector or machine inspector shall serve at any primary or election at which a voting machine is used, unless he shall have received such instructions, shall have been found qualified to perform his duties in connection with the machine, and shall have received a certificate to that effect from the county board or one of the custodians appointed by them: Provided, however, That this shall not prevent the appointment of a judge or inspector of election or machine inspector to fill a vacancy arising on the day of election or on the preceding day.

§ 2685. Overseers of election

On the petition of five or more duly registered electors of any election district, setting forth that the appointment of overseers is a reasonable precaution to secure the purity and fairness of any primary or election in said district, it shall be the duty of the court of common pleas of the proper county, all the law judges of the said court able to act at the time concurring, to appoint two judicious, sober and intelligent electors of the said district belonging to different political parties, overseers of election to supervise the proceedings of election officers thereof and to make report of the same as they may be required by such court. Said overseers shall be persons qualified to serve upon election boards, but shall not be required to comply with the provisions of section 414 of this act They shall be sworn or affirmed by the judge of election, to the faithful discharge of their duties, and each shall sign said oath in duplicate, and shall have the right to be present with the officers of such primary or election within the enclosed space during the entire time the same is held, the votes counted, and the returns made out and signed by the election officers; to keep a list of voters if they see proper; to challenge any person offering to vote and interrogate him and his witnesses under oath in regard to his right of suffrage at said primary or election, and to examine his papers produced. Overseers shall sign returns of elections as hereinafter required. Whenever the members of an election board shall differ in opinion, the overseers, if they shall be agreed thereon, shall decide the question of difference.

§ 2686. Driving away overseers; effect

Election officers are required to afford to said overseers, so selected and appointed, every convenience and facility for the discharge of their duties. If said election officers shall refuse to permit said overseers to be present and to perform their duties, as aforesaid, or if the overseers shall be driven away from the polls by violence or intimidation, all the votes polled in such election district may be rejected by the proper tribunal trying a contest of the said primary or election, or a part or portion of such votes aforesaid may be counted, as such tribunal may deem necessary to a just and proper disposition of the case.

§ 2687. Appointment of watchers

ARTICLE V. ELECTION DISTRICTS AND POLLING PLACES

(A) ELECTION DISTRICTS

§ 2701. Townships, boroughs and wards to constitute election districts

Each borough and township, not divided into wards, and each ward of every city, borough and township now existing or hereafter created, shall constitute a separate election district, unless divided into two or more election districts or formed into one election district, as hereinafter provided.

§ 2702. Court to create new election districts

Subject to the provisions of section 501 of this act, the court of common pleas of the county in which the same are located, may form or create new election districts by dividing or redividing any borough, township, ward or election district into two or more election districts of compact and contiguous territory, having boundaries with clearly visible physical features conforming with census block lines from the most recently completed Federal decennial census and wholly contained within any larger district from which any Federal, State, county, municipal or school district officers are elected, or alter the bounds of any election district, or form an election district out of two or more adjacent districts or parts of districts, or consolidate adjoining election districts or form an election district out of two or more adjacent wards, so as to suit the convenience of the electors and to promote the public interests. Except for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1,200) registered electors. No election district shall be formed that shall contain less than one hundred (100) registered electors. When a school district crosses county lines, the regions of the school district shall be composed of contiguous election districts.

§ 2703. Petitions for new election districts; reference to county board of elections; report

Upon the petition of twenty registered electors of any township, borough, ward or election district, to the court of the proper county, praying for the division or redivision of such township, borough, ward or election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, the said court shall refer the said petition to the county board of elections, which shall make a full investigation of the facts, and shall report to the court its findings and recommendations as to the division, redivision, alteration, formation or consolidation of election districts prayed for. If the county board shall find that a division, redivision, alteration, formation or consolidation of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation or consolidation of election districts, which must have clearly visible physical boundaries conforming with census block lines from the most recently completed Federal decennial census, and shall accompany its report with a map and a verbal description of the boundaries, as well as a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election. Such petitions may specify the boundaries desired by the petitioners, and may be accompanied by a map setting forth such boundaries. When petitioners request specific boundaries, their petition shall include a certification from the county board of elections of the electors registered in each proposed election district for the immediately preceding general or municipal election.

§ 2704. Petitions by county board; action by court on petition or report

The county board of elections may also petition the court for the division or redivision of any township, borough, ward or election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, accompanying its petition with a map and a verbal description of the boundaries of the proposed new election districts which must have clearly visible physical features conforming with census block lines from the most recently completed Federal decennial census. The petition must also include a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election. Upon the presentation of any such petition by the county board, or upon the filing by the board of its report and recommendations as to any petition presented by qualified electors under the provisions of section 503 of this act, the court may make such order for the division, redivision, alteration, formation or consolidation of election districts, as will, in its opinion, promote the convenience of electors and the public interests: Provided, however, That the court shall not make any final order for the division, redivision, alteration, formation or consolidation of election districts until at least ten days after notice shall have been posted in at least five public and conspicuous places in the district or districts to be affected thereby, one of which notices shall be posted on or in the immediate vicinity of the polling place in each such district. Such notice shall state in brief form the division, redivision, alteration, formation or consolidation of election districts recommended by the county board, the number of electors registered in each district at the immediately preceding general or municipal election, and the date upon which the same will be considered by the court, and shall contain a warning that any person objecting thereto must file his objections with the clerk of the court prior to such date. Upon the making of any such final order by the court, a copy thereof shall be certified by the clerk to the county board of elections.

§ 2705. Court in its order to appoint election officers

In all cases in which any court shall make a final order for the division, redivision, alteration, formation or consolidation of an election district or districts, said court shall, within a reasonable time thereafter, make an order appointing the district election board or boards for holding elections in said district or districts, until an election board shall have been elected according to law.

§ 2706. District boundaries

In administering elections for the nomination and election of candidates for the United States House of Representatives and the General Assembly, county boards of election shall adhere to the following rule: Where an election district is used in or pursuant to a congressional redistricting statute or the Final Plan of the Legislative Reapportionment Commission to define the boundary of a congressional district or State legislative district, the boundary of such election district shall be the boundary existing and recognized by the Legislative Reapportionment Commission for the adoption of its Final Plan. The boundaries of the congressional districts, as established by statute, and State legislative districts as set forth in the Final Plan of the Legislative Reapportionment Commission shall remain in full force and effect for use thereafter until the next reapportionment or redistricting as required by law and shall not be deemed to be affected by any action taken pursuant to this article.

(B) POLLING PLACES

§ 2726. Polling places to be selected by county board

§ 2727. Public buildings to be used where possible; portable polling places

§ 2728. Temporary polling places

If, in any election district, no proper polling place can be obtained, the county board of elections shall cause to be constructed for such district, a temporary room of adequate size to be used as a polling place.

§ 2729. Polling places in buildings or rooms where malt or brewed beverages or liquors dispensed prohibited

§ 2729.1. Polling places in other buildings

§ 2730. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines

§ 2731. Compensation for rent, heat and light

(C) CREATION, DIVISION, REALIGNMENT AND CONSOLIDATION OF WARDS IN CITIES OF THE FIRST CLASS

§ 2742. Wards in cities of the first class may be created, divided, realigned or consolidated

(D) ELECTION DISTRICT ALTERATION AND DATA REPORTING

§ 2745. Definitions

§ 2746. Restrictions on alteration

§ 2747. Alterations after Period of Restriction

§ 2748. Reports

§ 2749. Election Results; Registration

In addition to any other reports, returns or certifications required by any other law, within thirty (30) days after a primary, municipal, special or general election, the county board of elections shall submit to the bureau a report stating the total number of votes cast in each voting district for each candidate for the following offices:

§ 2750. Regulations

The secretary may promulgate regulations to administer this subdivision.

ARTICLE VI. DATES OF ELECTIONS AND PRIMARIES AND SPECIAL ELECTIONS

(A) NOVEMBER ELECTIONS AND PRECEDING PRIMARIES

§ 2751. General election; officers to be elected

The general election shall be held biennially on the Tuesday next following the first Monday of November in each even-numbered year. Electors of President and Vice-President of the United States, United States Senators, Representatives in Congress, the Governor, the Lieutenant Governor, the Secretary of Internal Affairs, the Auditor General, the State Treasurer and Senators and Representatives in the General Assembly shall be elected at the general election.

§ 2752. Municipal election; officers to be elected

The municipal election shall be held biennially on the Tuesday next following the first Monday of November in each odd-numbered year. All judges of courts of record of the various judicial districts and counties, and all counties, city, borough, township, ward, school district, poor district and election officers shall be elected at the municipal election. Judges may be elected at the municipal election.

§ 2753. General Primary; Candidates to Be Nominated and Party Officers to Be Elected

§ 2754. Municipal primary; officers to be nominated

There shall be a Municipal primary preceding each municipal election which shall be held on the third Tuesday of May in all odd-numbered years Candidates for all offices to be filled at the ensuing municipal election shall be nominated at the Municipal primary.

§ 2755. Elections on proposed constitutional amendments

Unless the General Assembly shall prescribe otherwise with respect to any particular proposed amendment or amendments and the manner and time of submitting to the qualified electors of the State any proposed amendment or amendments to the Constitution for the purpose of ascertaining whether the same shall be approved by a majority of those voting thereon, the said amendment or amendments which have heretofore, or which may hereafter be proposed, and which have not been submitted to the qualified electors of the State, shall be submitted to the qualified electors of the State for the purpose aforesaid, at the first municipal or general election at which such amendment or amendments may be legally submitted to the electors, which election shall occur at least three months after the date upon which such proposed amendment or amendments shall have been agreed to for the second time by a majority of the members elected to each house of the General Assembly, as provided in Article Eighteen, section one of the Constitution Said election shall be conducted on said election day in the manner prescribed by the provisions of this act. Such proposed constitutional amendments shall be printed on the ballots or ballot labels in brief form to be determined by the Secretary of the Commonwealth with the approval of the Attorney General.

(B) SPECIAL ELECTIONS

§ 2776. Special elections for United States Senator; nominations

Whenever a vacancy shall occur in the office of United States Senator, said vacancy shall be filled for the unexpired term by the vote of the electors of the State at a special election to be held at the time of the next general or municipal election, occurring at least ninety (90) days after the happening of such vacancy, and it shall be the duty of the Governor to issue writs of election to the various county boards of elections and to the Secretary of the Commonwealth within ten (10) days after the happening of said vacancy. Candidates to fill vacancies in the office of United States Senator shall be nominated by political parties, in accordance with the party rules relating to the filling of vacancies, by means of nomination certificates, in the form prescribed in section 630 of this act; and by political bodies, by means of nomination papers in accordance with the provisions of sections 951, 952 and 954 of this act Said nomination certificates and nomination papers shall be filed in the office of the Secretary of the Commonwealth at least sixty (60) days prior to the date of said special election. Until such time as said vacancy shall be filled by an election as herein provided, the Governor of the Commonwealth may make a temporary appointment to fill said vacancy.

§ 2777. Special elections for Representative in Congress

Whenever a vacancy shall occur or exist in the office of Representative in Congress from this State during a session of Congress, or whenever such vacancy shall occur or exist at a time when the members of Congress shall be required to meet at any time previous to the next general election, the Governor shall issue, within ten days after the happening of said vacancy, or after the calling of an extraordinary session of Congress during the existence of said vacancy, a writ of election to the proper county board or boards of election and to the Secretary of the Commonwealth, for a special election to fill said vacancy, which election shall be held on a date named in said writ, which shall not be less than sixty (60) days after the issuance of said writ. In all other cases no such special election to fill said vacancy shall be held. The Governor may fix, in such writ of election, the date of the next ensuing primary or municipal election as the date for holding any such special election.

§ 2778. Special elections for Senator and Representative in the General Assembly

Whenever a vacancy shall occur in either house of the General Assembly whether or not it then be in session, the presiding officer of such house shall, within ten (10) days after the happening of the vacancy, issue a writ of election to the proper county board or boards of election and to the Secretary of the Commonwealth, for a special election to fill said vacancy, which election shall be held at the next ensuing primary, municipal or general election scheduled at least sixty (60) days after the issuance of the writ or such other earlier date which is at least sixty (60) days following the issuance of the writ as the presiding officer may deem appropriate: Provided, however, That should the Governor after the issuance of the said writ of election advise the presiding officer that the General Assembly will be called into extraordinary session prior to the date set for such special election, the presiding officer may countermand the writ theretofore issued and shall issue a new writ of election, fixing therein such earlier date therefor as is deemed expedient, but which shall not be less than sixty (60) days after the issuance of said writ: Provided further, That if the vacancy shall occur less than seven (7) months prior to the expiration of the term, a special election shall be held only if, in the opinion of the presiding officer, the election is in the public interest.

§ 2778.1. Special elections for members of councils or legislative bodies of cities, boroughs, towns and townships

In all cases where under any law now or hereafter enacted, a special election is required to fill any vacancy in the office of member of the council or legislative body of any city, borough, town or township, such election shall be held on the day fixed in the writ for the special election or on such day as may be otherwise provided by such law, which day shall be within sixty (60) days after the issuance of the writ or after the happening of the vacancy, as the case may be, notwithstanding any provisions in such law requiring the special election to be held on an earlier day. This section shall not be construed as requiring a special election in any case where such election is not required under any law now or hereafter enacted.

§ 2778a. Filling vacancy during legislative redistricting proceedings

Whenever a vacancy shall occur in either house of the General Assembly on the same day as the filing of a preliminary reapportionment plan by the Legislative Reapportionment Commission or during the period between such filing and the date that a final plan attains the force of law, the presiding officer of the house shall have the authority, notwithstanding any other provisions of law to the contrary, to delay the issuance of a writ of election until ten days after the date the final plan attains the force of law.

§ 2779. Nominations for special election for representative in Congress, Senator and Representative in the General Assembly and member of council or legislative body of cities, boroughs, towns and townships

Candidates to fill vacancies in the offices of Representative in Congress, Senator and Representative in the General Assembly and member of the council or legislative body of any city, borough, town or township shall be nominated by political parties, in accordance with the party rules relating to the filling of vacancies, by means of nomination certificates, in the form prescribed in section 630 of this act; and by political bodies, by means of nomination papers, in accordance with the provisions of sections 951, 952 and 954 of this act. Said nomination certificates and nomination papers for the office of Representative in Congress, Senator and Representative in the General Assembly shall be filed in the office of the Secretary of the Commonwealth not later than fifty (50) days prior to the date of the special election, and for the office of member of the council or legislative body of a city, borough, town or township, in the office of the county board of elections wherein such city, borough, town or township is situate, not later than fifteen (15) days after the issuance of the writ of election.

§ 2780. Number, form and requirements of nomination certificates

§ 2780.1. Affidavits of candidates

Each candidate for any State, county, city, borough, incorporated town, township, school district or poor district office, or for the office of United States Senator or Representative in Congress, selected as provided in section 630 of this act, shall file with the nomination certificate an affidavit stating—(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or for the office of school board in a district where that office is elective or for the office of justice of the peace, that he is not a candidate for the same office of any party or political body other than the one designated in such certificate; (g) that he is aware of the provisions of section 1626 of this act requiring election and post-election reporting of campaign contributions and expenditures; and (h) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit.

§ 2781. Examination of nomination certificates and nomination papers by the secretary of the commonwealth and county board of elections; review

It shall be the duty of the Secretary of the Commonwealth or the proper county board of elections, as the case may be, to examine, as to legal sufficiency, in the manner and under the provisions of section 976 of this act, all nomination certificates and nomination papers brought to his or its office for the purpose of filing, for the nomination of candidates for a special election, as herein provided, and if manifestly defective, they shall not be filed. The action of the Secretary of the Commonwealth or the county board of election, in refusing to accept and file any such certificate or paper may be reviewed by the court upon an application to compel its reception and filing as of the date when it was brought to said office. No such certificate of nomination or nomination paper shall be refused by the Secretary of the Commonwealth or the county board of elections, except for any of the reasons provided for in section 976 of this act.

§ 2782. Objections to certificate of nomination and nomination papers filed for a special election; hearing; determination

All certificates of nomination and nomination papers to fill a vacancy as herein provided, which have been accepted and filed shall be deemed to be valid, unless objections thereto are duly made in writing and filed in the court and with the officer or board with whom said nomination certificates or papers were filed, and within three (3) days next succeeding the last day for filing such certificates or papers. Any objections shall set forth specifically the matters objected to. Upon the filing of the objections, the court shall make an order fixing a time for hearing, which shall not be later than seven (7) days after the last day for filing nomination certificates or papers, and specifying the time and manner of notice that shall be given to the candidate named in the nomination certificate or paper objected to. On the day fixed for said hearing, the court shall proceed without delay to hear said objections, and shall give such hearing precedence over any other business before it, and shall finally determine said matter not later than twelve (12) days after the last day for filing said nomination certificates or papers. In determining such matter, the court shall be governed in its order or decree by the provisions of section 977 of this act.

§ 2783. Withdrawals of candidates nominated for a special election

Any person who has been nominated by any political party or political body for a special election as herein provided, may withdraw his name from nomination by a request in writing signed by him and acknowledged before an officer qualified and empowered to administer oaths, and filed in the office of the officer or board with whom the nomination certificate or nomination paper was filed within seven (7) days next succeeding the last day for filing nomination certificates or papers. Such withdrawals to be effective must be received at the office of the Secretary of the Commonwealth or county board of elections, as the case may be, not later than five (5) o’clock P.M. on the last day for filing same. No name, so withdrawn, shall be printed on the ballot or ballot labels. No candidate may withdraw any withdrawal notice already received and filed, and thereby reinstate his nomination.

§ 2784. Substituted nominations for special elections

§ 2785. Objections to substituted nomination certificates for special elections

All substituted nomination certificates for special elections may be objected to, as provided in section 977 of this act, except that objections to substituted nomination certificates must in any case be filed within three (3) days after the filing of the substituted nomination certificate: Provided, however, That no objections as to form and conformity to law shall be received after the day on which the printing of ballots is started.

§ 2786. Certification by Secretary of the Commonwealth of candidates for special elections

The Secretary of the Commonwealth shall, not later than the thirtieth (30th) day next preceding the day fixed for any special election to fill a vacancy in the offices of United States Senator, Representative in Congress, Senator and Representative in the General Assembly, certify to the proper county board or boards the names and residences of, and parties or political bodies represented by, all candidates whose nomination certificates or papers have been filed with him, as herein provided, for such election, and have not been found and declared invalid, and to be voted for in the county or any district or districts thereof, substantially in the form of the ballots to be used therein.

§ 2787. Conduct of special elections

Every special election, held under the provisions of this article, shall be held and conducted in all respects in accordance with provisions of this act relating to November elections, and the provisions of this act relating to November elections shall apply thereto in so far as applicable, and not inconsistent with any other provisions of this act. All such special elections held at the time of a regular primary or November election shall be conducted by the election officers by the use of the same equipment and facilities, so far as practicable, as are used for such primary or November election.

ARTICLE VII. QUALIFICATIONS OF ELECTORS

§ 2811. Qualifications of electors

Every citizen of this Commonwealth eighteen years of age, possessing the following qualifications, shall be entitled to vote at all elections, provided he or she has complied with the provisions of the acts requiring and regulating the registration of electors:

§ 2812. Qualifications of electors at primaries

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.

§ 2813. Residence of electors

For the purpose of registration and voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or on the high seas, nor while a student of any institution of learning, nor while kept in any poorhouse or other asylum at public expense, nor while confined in public prison, except that any veteran who resides in a home for disabled and indigent soldiers and sailors, operated and maintained by the Commonwealth of Pennsylvania, and who possesses all the qualifications for voting, may gain a residence for registration and voting at the home for disabled and indigent soldiers and sailors. The provisions of this amendment shall not be construed to affect the voting rights of bedridden or hospitalized veterans who choose to vote as absentee electors by the use of veteran’s official ballots.

§ 2814. Rules for determining residence

In determining the residence of a person desiring to register or vote, the following rules shall be followed so far as they may be applicable:

ARTICLE VIII. PARTY ORGANIZATION

§ 2831. Definition of political parties and political bodies

§ 2832. 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.

2833. Repealed by 1971, Dec. 22, P.L. 614, No. 165, § 3

§ 2834. Organization of State committee; rules

Each political party shall be directed by a State committee, to be chosen in such a manner and for such a term of office as party rules may provide. The members of the State committee shall meet for organization not later than the sixth Wednesday following their election, at such hour and place as shall be designated by the State chairman of each political party. The State committee of each political party may make such rules for government of the party in the State, not inconsistent with law, as it may deem expedient; and may also revoke, alter or renew, in any manner not inconsistent with law, any present or future rules of such political party. No such rules shall be effective until a certified copy thereof has been filed in the office of the secretary of the commonwealth.

§ 2835. Filling of vacancy in State committee

Vacancies happening at any time in the office of member of the State committee shall be filled according to the rules of the party.

§ 2836. Election of National committeemen

National committeemen shall be elected, and vacancies happening at any time in said office shall be filled, by the State committee of the proper party, unless the rules of the national party otherwise provide, in which case such committeemen shall be elected and vacancies be filled in the manner provided by the rules of the national party.

§ 2837. County committees; rules; other party officers

There may be in each county a county committee for each political party within such county, the members of which shall be elected at the spring primary, or appointed, as the rules of the respective parties within the county may provide. The county committee of each party may make such rules for the government of the party in the county, not inconsistent with law or with the State rules of the party, as it may deem expedient, and may also revoke, alter or renew in any manner not inconsistent with law or with such State rules, any present or future county rules of such party. No such rules shall be effective until a certified copy thereof has been filed in the office of the county board of elections. The members of all other party committees, and all other party officers whose election is required by the party rules, shall also be elected at the spring primary, in the manner provided by this act.

2838. Repealed by 1971, Dec. 22, P.L. 614, No. 165, § 5

§ 2838.1. Selection of delegates to national conventions; forwarding of rules to Secretary of Commonwealth

Delegates and alternate delegates to a National convention of a political party shall be apportioned, selected or elected in such manner as the rules of the party may provide. The secretary of any political party shall certify and forward to the Secretary of the Commonwealth a copy of the party rules at least thirty days prior to the first day on which nomination petitions may be circulated for the offices which are to be filled at the spring primaries in the years in which candidates for the President of the United States are to be nominated, or at such other times as a political party shall meet in National convention or conference when candidates for the President of the United States are not to be nominated.

2839. Repealed by 1971, Dec. 22, P.L. 613, No. 165, § 5

§ 2839.1. Delegate and alternate delegate commitments; authorization required; petitions

§ 2840. Who shall be declared elected members of National or State committee and party offices

Candidates of the various political parties for the office of member of the State committee, or for the office of member of the National committee, in cases where the rules of the party provide that such office shall be filled by a vote of the party electors, who receive a plurality of the votes of the party electors at a primary, shall be the duly elected members of the State or National committee, as the case may be, of their respective parties. Candidates for other party offices, who receive a plurality of the votes of the party electors at a primary, shall be the party officers of their respective parties.

§ 2841. Party officer elected in case of tie vote

In the case of a tie vote for any party office, the candidates receiving the tie vote shall cast lots before the county board or the Secretary of the Commonwealth, as the case may be, at twelve (12) o’clock noon on the third Friday following the primary, and the one to whom the lot shall fall shall be entitled to the election. In any case where the fact of a tie vote is not authoritatively determined until after the third Wednesday following the primary, the day for casting lots shall be the second day after the fact of such tie vote is authoritatively determined. If any candidate or candidates, receiving a tie vote, fail to appear before twelve (12) o’clock noon on said day, the county board or the Secretary of the Commonwealth, as the case may be, shall cast lots for him or them. For the purpose of casting lots any candidate may appear in person, or by proxy appointed in writing.

§ 2842. District committees

Whenever two or more members of a political party shall be elected or appointed, as the rules of the party may provide, as members of a political committee to represent the members of such party in the respective election districts, such members shall constitute a political committee of said political party to function within such election district: Provided, that, When acting in the capacity of a political committee, such duly elected or appointed members shall be subject to the control, direction and supervision of the political committee of which they are members.

ARTICLE IX. NOMINATION OF CANDIDATES

(A) NOMINATION OF PARTY CANDIDATES AT PRIMARIES

§ 2861. Determination and certification of state-wide and county-wide parties

§ 2862. 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 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.

§ 2863. Offices for which candidates are to be nominated to be ascertained

It shall be the duty of the Secretary of the Commonwealth, prior to each primary, to ascertain the various national and State offices to be filled at the ensuing November election, and for which candidates are to be nominated at such primary, and otherwise, in accordance with the provisions of this act. It shall be the duty of each county board of elections, prior to each primary, to ascertain the various public offices in said county and in the cities, boroughs, towns, townships, wards, school districts, poor districts and election districts thereof, to be filled at the ensuing November election, and for which candidates are to be nominated at such primary, and otherwise, in accordance with the provisions of this act.

§ 2864. Municipal clerks and party chairmen to furnish information as to offices to be filled

To assist the respective county boards in ascertaining the offices to be filled, it shall be the duty of the clerks or secretaries of the various cities, boroughs, towns, townships and school districts, with the advice of their respective solicitors, on or before the thirteenth Tuesday preceding the Municipal primary, to send to the county boards of their respective counties a written notice setting forth all city, borough, town, township and school district offices to be filled in their respective subdivisions at the ensuing municipal election, and for which candidates are to be nominated at the ensuing primary. It shall also be the duty of the chairman of the State committee of each political party to forward to the Secretary of the Commonwealth and to the respective county boards, on or before the thirteenth Tuesday preceding the General primary, a written notice setting forth the number of delegates and alternate delegates to the National convention of such party who are to be elected in the State at large at the ensuing primary, and the number of such delegates and alternate delegates who are to be elected at said primary in such county, or in any district within such county, or of which it forms a part. The said notice shall also set forth the number of members of the National committee, if any, who, under the National party rules, are to be elected at the said primary in the State at large, and the number of members of the State committee to be elected at the said primary in such county, or in any district, or part of a district within such county. It shall also be the duty of the chairman of the county committee and, in cases where a city is coextensive with a county, the chairman of the city committee of each party, on or before the thirteenth Tuesday preceding the General primary, to send to the county board of such county a written notice setting forth all party offices to be filled in the county at the ensuing primary.

§ 2865. Secretary of the Commonwealth to notify county board of certain nominations to be made

On or before the thirteenth Tuesday preceding each primary, the Secretary of the Commonwealth shall send to the county board of each county a written notice designating all the offices for which candidates are to be nominated therein, or in any district of which such county forms a part, or in the State at large, at the ensuing primary, and for the nomination to which candidates are required to file nomination petitions in the office of the Secretary of the Commonwealth, including that of President of the United States; and shall also in said notice set forth the number of presidential electors, United States Senators, Representatives in Congress and State officers, including senators, representatives and judges of courts of record, to be elected at the succeeding November election by a vote of the electors of the State at large, or by a vote of the electors of the county, or of any district therein, or of any district of which such county forms a part.

§ 2866. Publication of notice of officers to be nominated and elected

Beginning not earlier than twelve weeks, nor later than eleven weeks before any General or Municipal primary, the county board of each county shall publish in newspapers, as provided by section 106 of this act, a notice setting forth the number of delegates and alternate delegates to the National convention of each party who are to be elected in the State at large at the ensuing primary, and the number of delegates and alternate delegates who are to be elected at the said primary in said county, or in any district of which said county or part thereof forms a part, and also setting forth the names of all public offices for which nominations are to be made, and the names of all party offices, including that of members of the National committee, if any, and State committee, for which candidates are to be elected at said primary in said county, or in any district of which such county or part thereof forms a part, or in the State at large. Said notice shall contain the date of the primary, and shall be published once each week for two successive weeks in counties of the first and second class and once in all other counties.

§ 2867. Nomination petitions to be filed

The names of candidates for nomination as President of the United States, and the names of all other candidates for party nominations, and for election as delegates, alternate delegates, members of committees and other party officers, shall be printed upon the official primary ballots or ballot labels of a designated party, upon the filing of separate nomination petitions in their behalf, in form prescribed by the Secretary of the Commonwealth, signed by duly registered and enrolled members of such party who are qualified electors of the State, or of the political district, as the case may be, within which the nomination is to be made or election is to be held. Nomination petitions of delegates and alternate delegates to National conventions committed to support a particular presidential candidate must be signed by the particular presidential candidate to whom support is pledged before it can be certified by the Secretary of the Commonwealth. The name of no candidate shall be placed upon the official ballots or ballot labels of a political party to be used at any primary, unless such petition shall have been filed in his behalf. In no event shall any person’s name be printed upon the official ballots or ballot labels of any party for the office of delegate, alternate delegate, member of committee or other party officer, unless he is a duly registered and enrolled member of said party.

§ 2868. Manner of signing nomination petitions; time of circulating

Each signer of a nomination petition shall sign but one such petition for each office to be filled, and shall declare therein that he is a registered and enrolled member of the party designated in such petition: Provided, however, That where there are to be elected two or more persons to the same office, each signer may sign petitions for as many candidates for such office as, and no more than, he could vote for at the succeeding election. He shall also declare therein that he is a qualified elector of the county therein named, and in case the nomination is not to be made or candidates are not to be elected by the electors of the State at large, of the political district therein named, in which the nomination is to be made or the election is to be held. He shall add his address where he is duly registered and enrolled, giving city, borough or township, with street and number, if any, and shall legibly print his name and add the date of signing, expressed in words or numbers: Provided, however, That if the said political district named in the petition lies wholly within any city, borough or township, or is coextensive with same, it shall not be necessary for any signer of a nomination petition to state therein the city, borough or township of his residence. No nomination petition shall be circulated prior to the thirteenth Tuesday before the primary, and no signature shall be counted unless it bears a date affixed not earlier than the thirteenth Tuesday nor later than the tenth Tuesday prior to the primary.

§ 2869. Petition may consist of several sheets; statement of circulator

Said nomination petition may be on one or more sheets, and different sheets must be used for signers resident in different counties. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one petition, and each sheet shall be numbered consecutively beginning with number one, at the foot of each page. In cases of petitions for delegate or alternate delegate to National conventions, each sheet shall contain a notation indicating the presidential candidate to whom he is committed or the term “uncommitted.” Each sheet shall have appended thereto the statement of the circulator of each sheet, setting forth, subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities)—(a) that he or she is a qualified elector of the Commonwealth, who is duly registered and enrolled as a member of the party designated in said petition, unless said petition relates to the nomination of a candidate for a court of common pleas, for the Philadelphia Municipal Court or for justice of the peace, in which event the circulator need not be a duly registered and enrolled member of the designated party; (b) his residence, giving city, borough or township, with street and number, if any; (c) that the signers thereto signed with full knowledge of the contents of the petition; (d) that their respective residences are correctly stated therein; (e) that they all reside in the county named in the statement; (f) that each signed on the date set opposite his name; and (g) that, to the best of the circulator’s knowledge and belief, the signers are qualified electors and duly registered and enrolled members of the designated party of the State, or of the political district, as the case may be.

§ 2870. Affidavits of candidates

Each candidate for any State, county, city, borough, incorporated town, township, ward, school district, poor district, election district, party office, party delegate or alternate, or for the office of United States Senator or Representative in Congress, shall file with his nomination petition his affidavit stating—(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting nomination and election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or for the office of school director in a district where that office is elective or for the office of justice of the peace that he is not a candidate for nomination for the same office of any party other than the one designated in such petition; (g) if he is a candidate for a delegate, or alternate delegate, member of State committee, National committee or party officer, that he is a registered and enrolled member of the designated party; (h) if he is a candidate for delegate or alternate delegate the presidential candidate to whom he is committed or the term “uncommitted”; (i) that he is aware of the provisions of section 1626 of this act requiring pre-election and post-election reporting of campaign contributions and expenditures; and (j) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit. In cases of petitions for delegate and alternate delegate to National conventions, the candidate’s affidavit shall state that his signature to the delegate’s statement, as hereinafter set forth, if such statement is signed by said candidate, was affixed to the sheet or sheets of said petition prior to the circulation of same. In the case of a candidate for nomination as President of the United States, it shall not be necessary for such candidate to file the affidavit required in this section to be filed by candidates, but the post-office address of such candidate shall be stated in such nomination petition.

§ 2871. Statement of candidates for delegates to National conventions

2872. Repealed by 1984, Dec. 12, P.L. 968, No. 190, § 1, effective Jan. 1, 1985

§ 2872.1. Number of Signers Required for Nomination Petitions of Candidates at Primaries

Candidates for nomination of offices as listed below shall present a nominating petition containing at least as many valid signatures of registered and enrolled members of the proper party as listed below:

§ 2872.2. Nominations by minor political parties

§ 2873. Place and time of filing nomination petitions; filing fees

§ 2874. Withdrawal of candidates

Any of the candidates for nomination or election at any primary may withdraw his name as a candidate by a request in writing, signed by him and acknowledged before an officer empowered to administer oaths, and filed in the office in which his nomination petition was filed. Such withdrawals, to be effective, must be received in the office of the Secretary of the Commonwealth not later than 5 o’clock P.M. on the fifteenth day next succeeding the last day for filing nomination petitions in said office, and in the office of any county board of elections, not later than the ordinary closing hour of said office on the fifteenth day next succeeding the last day for filing nomination petitions in said office. No name so withdrawn shall be printed on the ballot or ballot labels. No candidate may withdraw any withdrawal notice already received and filed, and thereby reinstate his nomination petition.

§ 2875. Casting of lots for position of names upon the primary ballots or ballot labels; notice to candidates

Immediately after the last day fixed for filing of such nomination petitions with them, the Secretary of the Commonwealth or the county board, as the case may be, shall fix a day for the casting of lots, in such manner as may be prescribed by the Secretary of the Commonwealth, or county board, as the case may be, for the position of names upon the primary ballots or ballot labels. The Secretary of the Commonwealth shall give at least two (2) days notice by mail of said date to all candidates whose petitions have been received and filed in his office, and the county board shall give at least two (2) days notice of said date by posting thereof in a conspicuous place in its office, and by publication once in at least two newspapers of general circulation published in the county. All candidates may appear in person, or by agent duly authorized by letter of attorney, signed and acknowledged by an officer empowered to take acknowledgments. In the event of any of said candidates not being present in person or by representative at the time of casting of lots, it shall be the duty of the Secretary of the Commonwealth or the county board, as the case may be, to appoint some person to represent such absentee. After said lots are cast, the Secretary of the Commonwealth or the county board, as the case may be, shall accordingly establish the order in which the names of said candidates are to appear upon the primary ballots or ballot labels, and certify the same for placing upon the official primary ballots or ballot labels.

§ 2876. Secretary of the Commonwealth to furnish county boards with list of candidates; candidates to be notified

The Secretary of the Commonwealth, as soon as possible after the last day fixed for the filing of nomination petitions with him, and after the last day for the withdrawal of candidates filing such nomination petitions, and after the candidates shall have cast lots for the position of their names upon the primary ballots or ballot labels, shall forward to the county board of each county a correct list of candidates of each party for the various offices, in the order in which they are to appear upon the official ballots or ballot labels, with their respective residences, giving city, borough, town or township, and post-office addresses as shown in their affidavits; and shall also at the same time notify the said candidates by mail that their names have been so certified to said county boards. In the case of each candidate for delegate or alternate delegate to a National party convention, the Secretary of the Commonwealth shall certify as to whether such candidate has included with his affidavit the statement provided for in section 911 of this act and in cases where such candidate has committed himself to a particular presidential preference, the name of the presidential candidate to whom he is committed.

§ 2877. Manner of filling vacancy caused by death of person named in nomination petition

Where a nomination petition has been duly filed for any primary, under the provisions of this article, and thereafter, and before the day of the primary, the candidate named in said petition dies, the original signers of said petition, or the majority of them, may sign another petition proposing a new candidate for said office at any time prior to the printing of the ballots or ballot labels. Said petition shall have the same force and effect as the original petition, and the name of the candidate so nominated shall be substituted for that of the deceased candidate.

§ 2878. Presidential electors; selection by nominees; certification; vacancies

The nominee of each political party for the office of President of the United States shall, within thirty days after his nomination by the National convention of such party, nominate as many persons to be the candidates of his party for the office of presidential elector as the State is then entitled to. If for any reason the nominee of any political party for President of the United States fails or is unable to make the said nominations within the time herein provided, then the nominee for such party for the office of Vice-President of the United States shall, as soon as may be possible after the expiration of thirty days, make the nominations. The names of such nominees, with their residences and postoffice addresses, shall be certified immediately to the Secretary of the Commonwealth by the nominee for the office of President or Vice-President, as the case may be, making the nominations. Vacancies existing after the date of nomination of presidential electors shall be filled by the nominee for the office of President or Vice-President making the original nomination. Nominations made to fill vacancies shall be certified to the Secretary of the Commonwealth in the manner herein provided for in the case of original nominations.

§ 2879. Ballots; ballot boxes; voting machines and other supplies for primaries

Ballots and ballot boxes, or voting machines where used, and other supplies for primaries shall be prepared, provided and delivered to the district election officers, in accordance with the provisions of this act, in so far as they are applicable to primaries.

§ 2880. Conduct of primaries

Primaries shall be conducted by the district election officers, clerks and machine inspectors, if any, of each election district, and the votes cast thereat counted and returned in the manner provided in Article XII of this act, in so far as it is applicable to primaries.

§ 2881. Primary election returns

The returns made by the district election officers of the votes cast at primaries shall be received by the respective county boards of election, and tabulated and computed by them, and their returns to the Secretary of the Commonwealth tabulated and computed by him in the manner provided by Article XIV of this act, in so far as it is applicable to primaries.

§ 2882. Which candidates nominated

Candidates of the various political parties for nomination, except for the office of President of the United States, who receive a plurality of votes of their party electors in the State, or in the political district, as the case may be, at the primary election, together with the candidates for the office of presidential elector nominated as herein provided, shall be candidates of their respective parties, and it shall be the duty of the proper county boards to print their names upon the official ballots and ballot labels at the succeeding election: Provided, That when a candidate for nomination shall have died before or on the day of the primary election and shall nevertheless receive a plurality of votes of his party electors cast for the office for which he sought nomination, then no candidate shall have been nominated for the office at such primary and a substituted nomination may be made in the manner hereinafter provided.

§ 2882.1. Setting aside nominations of candidates

With respect to any office that was in existence on the thirteenth Tuesday before the primary and for which nominations were made at the primary or by nomination papers, whenever it shall appear that said office has been abolished in accordance with any act of assembly or legal proceeding, the county board of elections shall set aside all nominations made for any such office and shall remove such office block affected, if any, from the ballots or ballot labels for the ensuing November election.

§ 2883. Nominee in case of tie vote

In the case of a tie, the candidates receiving the tie vote shall cast lots before the county board or the Secretary of the Commonwealth, as the case may be, at twelve o’clock noon on the third Friday following the primary, and the one to whom the lot shall fall shall be entitled to the nomination. In any case where the fact of a tie vote is not authoritatively determined until after the third Wednesday following the primary, the time for casting lots shall be at twelve o’clock noon on the second day after the fact of such tie vote is authoritatively determined. If any candidate or candidates, receiving a tie vote, fail to appear before twelve o’clock noon on said day, the county board or the Secretary of the Commonwealth, as the case may be, shall cast lots for him or them. For the purpose of casting lots any candidate may appear in person, or by proxy appointed in writing.

(B) NOMINATIONS OF CANDIDATES BY POLITICAL BODIES

§ 2911. Nominations by political bodies

§ 2911.1. Limitations on eligibility of candidates

Any person who is a registered and enrolled member of a party during any period of time beginning with thirty (30) days before the primary and extending through the general or municipal election of that same year shall be ineligible to be the candidate of a political body in a general or municipal election held in that same year nor shall any person who is a registered and enrolled member of a party be eligible to be the candidate of a political body for a special election.

§ 2912. Contents of nomination papers; restriction on names; campaign finances

§ 2913. Place and time of filing nomination papers

§ 2914. Filing fee

The same filing fee shall be paid for each candidate nominated by a nomination paper as required in section 913 for the filing of nomination petitions by candidates for nomination to the same office. Each nomination paper nominating a candidate or a group of candidates for office shall be accompanied by a certified check or money order drawn in the proper amount to cover the filing fees for each candidate nominated therein but in no case less than the sum of five dollars ($ 5.00), and payable to the Commonwealth of Pennsylvania or to the county, as the case may be. All fees so received by the Secretary of the Commonwealth or the county election board shall be transmitted to the State Treasurer or to the county treasurer, as the case may be, and shall become part of the General Fund.

(C) OBJECTIONS; WITHDRAWALS; CERTIFICATIONS

§ 2936. Examination of nomination petitions, certificates and papers; return of rejected nomination petitions, certificates and papers

§ 2937. Objections to nomination petitions and papers

All nomination petitions and papers received and filed within the periods limited by this act shall be deemed to be valid, unless, within seven days after the last day for filing said nomination petition or paper, a petition is presented to the court specifically setting forth the objections thereto, and praying that the said petition or paper be set aside. A copy of said petition shall, within said period, be served on the officer or board with whom said nomination petition or paper was filed. Upon the presentation of such a petition, the court shall make an order fixing a time for hearing which shall not be later than ten days after the last day for filing said nomination petition or paper, and specifying the time and manner of notice that shall be given to the candidate or candidates named in the nomination petition or paper sought to be set aside. On the day fixed for said hearing, the court shall proceed without delay to hear said objections, and shall give such hearing precedence over other business before it, and shall finally determine said matter not later than fifteen (15) days after the last day for filing said nomination petitions or papers. If the court shall find that said nomination petition or paper is defective under the provisions of section 976, or does not contain a sufficient number of genuine signatures of electors entitled to sign the same under the provisions of this act, or was not filed by persons entitled to file the same, it shall be set aside. If the objections relate to material errors or defects apparent on the face of the nomination petition or paper, the court, after hearing, may, in its discretion, permit amendments within such time and upon such terms as to payment of costs, as the said court may specify. In case any such petition is dismissed, the court shall make such order as to the payment of the costs of the proceedings, including witness fees, as it shall deem just. If a person shall sign any nomination petitions or papers for a greater number of candidates than he is permitted under the provisions of this act, if said signatures bear the same date, they shall, upon objections filed thereto, not be counted on any petition or paper and if they bear different dates, they shall be counted in the order of their priority of date, for only so many persons as there are candidates to be nominated or elected. The office of the Prothonotary of the Commonwealth Court and the office of the Secretary of the Commonwealth and the various offices of prothonotary of the court of common pleas shall be open between the hours of eight-thirty o’clock A.M. and five o’clock P.M. on the last day to withdraw after filing nomination petitions and on the last day to file objections to nomination petitions.

§ 2938. Withdrawal of nominated candidates

§ 2938.1. Vacancy in party nomination by failure to pay filing fee or for failure to file loyalty oath

Every person nominated at any primary election as the candidate of any political party for any office, other than a borough, town, township, school district or poor district office, or the office of justice of the peace, or constable, who has not paid the filing fee required by section nine hundred thirteen of this act, as amended, for the filing of a nomination petition for such office, or who has not filed the loyalty oath required by section 14, act of December 22, 1951 (P.L. 1726), known as the “Pennsylvania Loyalty Act”, as last amended June 19, 1961 (P.L. 446), shall pay the amount of such fee to and file such oath with the Secretary of the Commonwealth, or the county board of elections, as the case may be, at least eighty-five (85) days previous to the day of the general or municipal election at which such candidate’s name would appear on the ballot. Failure to pay such fee or file such oath within the time herein prescribed shall result in a vacancy in such party nomination. Such vacancy shall be filled in the manner hereinafter provided for the filling of such vacancies happening by reason of the death or withdrawal of any candidate.

§ 2938.2. Revocation of declaration of candidacy for retention

In the event a justice or a judge had filed a declaration of candidacy for retention under the provisions of section 15 of the Constitution of the Commonwealth of Pennsylvania and thereafter, but on or before the thirteenth Tuesday preceding the primary election, revoked the declaration by notifying the Secretary of the Commonwealth in writing of the same, the Secretary of the Commonwealth shall include such office in certifications under provisions of section 905.

§ 2938.3. Vacancy due to revocation of declaration of candidacy for retention

In the event a justice or a judge had filed a declaration of candidacy for retention under the provisions of section 15 of the Constitution of the Commonwealth of Pennsylvania and thereafter, but after the thirteenth Tuesday preceding the primary election and prior to sixty (60) days preceding the municipal election revoked the declaration by notifying the Secretary of the Commonwealth in writing of the same, nomination to fill such vacancy shall be made in accordance with section 993 of this act.

§ 2938.4. Withdrawal; order of court

Upon petition to the court of common pleas, or the Commonwealth Court, when a court of common pleas is without jurisdiction, by a candidate for nomination or election, or, in the case of the death of such candidate by the treasurer of his political committee, the court shall order the withdrawal of said candidate’s name for nomination or election, except upon a showing of special circumstances.

§ 2939. Substituted nominations by parties

Any vacancy happening or existing after the date of the primary in any party nomination, by reason of the death or withdrawal of any candidate after nomination, or by reason of the death before or on the day of the primary election of a candidate for nomination who had received a plurality of votes of his party electors cast for the office for which he sought nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules of the party to make nominations in the event of vacancies on the party ticket: Provided, however, That no substitute nomination certificate shall nominate any person who has already been nominated by any political party or by any other political body for the same office. Upon the making of any such substituted nomination, in accordance with the party rules, it shall be the duty of the chairman and secretary or secretaries of the party committee making the nomination to file with the Secretary of the Commonwealth in the case of United States Senator, Representative in Congress and all State officers, including judges of courts of records, senators and representatives, and with the proper county board of elections in the case of other offices, a nomination certificate which shall be signed by the chairman and secretary or secretaries of the said committee, and which shall set forth the following:

§ 2940. Substituted nominations by political bodies

In case of the death or withdrawal of any candidate nominated by any political body by nomination papers, the committee named in the original nomination papers may nominate a substitute in his place by filing in the proper office a substituted nomination certificate, which shall set forth the facts of the appointment and powers of the committee (naming all its members), of the death or withdrawal of the candidate and of the action of the committee thereon, giving the name, residence and occupation of the candidate substituted thereby, and the truth of these facts shall be verified by the affidavit annexed to the certificate of at least two members of the committee. In the case of a vacancy caused by the death of any candidate, said substituted nomination certificate shall be accompanied by a death certificate, properly certified: Provided, however, That no substitute nomination certificate shall nominate any person who was a candidate for nomination by any political party for any office to be filled at the ensuing November election, whether or not nominated for such office by such political party, or who has already been nominated by any other political body for any office to be filled at the ensuing November or special election.

§ 2941. Time for filing substituted nomination certificates

§ 2941.1. Affidavits of candidates

Each candidate for any State, county, city, borough, incorporated town, township, ward, school district, poor district or election district office, or for the office of United States Senator or Representative in Congress, selected as provided in sections 979 and 980 of this act, shall file with the substituted nomination certificate an affidavit stating—(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or for the office of school board in a district where that office is elective or for the office of justice of the peace, that he is not a candidate for the same office of any party or political body other than the one designated in such certificate; (g) that he is aware of the provisions of section 1626 of this act requiring election and post-election reporting of campaign contributions and expenditures; and (h) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit.

§ 2942. Objections to substituted nomination certificates

All substituted nomination certificates may be objected to, as provided in section 977 of this act, except objections to substituted nomination certificates must, in any case, be filed within three (3) days after the filing of the substituted nomination certificate: Provided, however, That no objections as to form and conformity to law, shall be received after the day on which the printing of ballots is started.

§ 2943. Preservation of nomination petitions, certificates and papers

All nomination petitions, certificates and papers shall be preserved in the offices where they have been filed for a period of at least two years.

§ 2944. Certification of nominees by Secretary of the Commonwealth to county boards

The Secretary of the Commonwealth shall, as soon as possible after the last day fixed for the filing of substituted nomination certificates for any November election of presidential electors, United States Senator, Representative in Congress or State officers, including judges of courts of record, senators and representatives, or upon constitutional amendments or other questions to be submitted to the electors of the State at large, transmit to the county board of elections of each county, in which such election is to be held, an official list, certified by him, of all of the candidates who have been nominated in accordance with the provisions of this act, to be voted for in such county at such election, substantially in the form of the ballots to be used therein, and also a copy of the text of all constitutional amendments and other questions to be voted upon at such election, together with a statement of the form in which they are to be printed on the ballots or ballot labels.

(D) NOMINATIONS AND ELECTIONS IN COUNTIES ABOUT TO UNDERGO A CHANGE IN CLASSIFICATION

§ 2950. County boards to ascertain offices to be filled

Whenever, pursuant to the provisions of The General County Law, the Governor certifies a change of classification to any county, the board of county commissioners shall, immediately after the recording of such change, notify the county board of elections of the change in classification. The board of elections shall thereupon promptly ascertain all county offices to be filled at the ensuing municipal election as a result of the impending change in classification and any existing county offices which are not to be filled at said election. For this purpose, it shall be the duty of the chairman of the county committee of each party to send to the board a written notice setting forth all party offices to be filled in the county at the ensuing municipal election.

§ 2951. Procedure upon ascertaining offices

(E) NOMINATIONS TO FILL CERTAIN VACANCIES

§ 2953. Filing of certain vacancies in public office by means of nomination certificates and nomination papers

§ 2954. Number, form and requirements of nomination certificates to fill certain vacancies

§ 2955. Secretary of the Commonwealth or county board of elections to examine nomination certificates and nomination papers to fill certain vacancies; review

§ 2956. Objections to certificates of nomination and nomination papers filed to fill certain vacancies for a November election; hearing; determination

§ 2957. Withdrawals of candidates nominated to fill certain vacancies at a November election

§ 2958. Substituted nominations to fill certain vacancies for a November election

§ 2959. Objections to substituted nomination certificates filed to fill certain vacancies for November election

All substituted nomination certificates for a November election filed in accordance with the provisions of section nine hundred ninety-eight of this act may be objected to as provided in section nine hundred eighty-two of this act.

§ 2960. Candidates to fill certain vacancies; certification of nominees by Secretary of the Commonwealth to county election boards

The Secretary of the Commonwealth shall certify, in accordance with section nine hundred eighty-four of this act, the names and residences of and parties or political bodies represented by all candidates whose nomination certificates or papers have been filed with him in accordance with the provisions of section nine hundred ninety-three or subdivision (e) of this act for a general or municipal election, as the case may be, and have not been found and declared invalid, and to be voted for in the county or any district or districts thereof.

ARTICLE X. BALLOTS

§ 2961. Official ballots to be used

All primaries and elections in this Commonwealth shall be conducted by ballot, except in districts in which voting machines are used under the provisions of Article XI of this act. All ballots used at primaries and elections in election districts in which ballots are used, shall be provided by the respective county boards of elections, in accordance with the provisions of this act, and, except as otherwise provided in this act, only official ballots furnished by the county boards of elections shall be cast or counted at any primary or election in any district in which ballots are used.

§ 2962. Form of official primary ballot

§ 2963. Form of official election ballot

§ 2964. Form of ballots; printing ballots

From the lists furnished by the Secretary of the Commonwealth under the provisions of sections 915 and 984, and from petitions and papers filed in their office, the county election board shall print the official primary and election ballots in accordance with the provisions of this act: Provided, however, That in no event, shall the name of any person consenting to be a candidate for nomination for any one office, except the office of judge of a court of common pleas, the Philadelphia Municipal Court or the office of school director in districts where that office is elective or the office of justice of the peace be printed as a candidate for such office upon the official primary ballot of more than one party. All ballots for use in the same election district at any primary or election shall be alike.

§ 2964.1. Placement of certain candidates on ballots and voting machines

Notwithstanding any other provisions of this act to the contrary, the names of candidates for the party offices of delegate or alternate delegate to a National Party Convention, member of the State committee, member of a county committee and any other party office as prescribed by the by laws of the political party shall appear at the end of the ballot after the names of the candidates for all public offices. In any case where voting machines are used, the names of the candidates for the aforementioned offices shall appear in the final columns or rows, as the case may be, of the voting machine.

§ 2965. Candidates with similar surnames, occupation to be printed

If two or more candidates for the same office shall have the same or similar surnames, the county board of elections shall, upon the request of any such candidate filed in writing not later than five days after the last day for filing nomination petitions, certificates or papers, print the occupation or residence of any such candidate, so filing a request, on the ballot or ballot labels opposite or under his name.

§ 2966. Names of substituted candidates to be printed on ballots

As soon as any substituted candidate shall have been duly nominated, at any time prior to the day on which the printing of ballots is started, his name shall be substituted in place of that of the candidate who has died or withdrawn.

§ 2967. Number of ballots to be printed; specimen ballots

§ 2968. Forms of ballots on file and open to public inspection; ballots and diagrams to be furnished to candidates and parties

§ 2969. County boards to cause ballots to be accurately printed

It shall be the duty of the county board of elections of each county to cause all the ballots and ballot labels to be used therein to be accurately printed, and they shall be responsible for the safekeeping of the same while in their possession or that of their subordinates or agents.

§ 2970. Correction of mistakes appearing on ballot

When it is shown by affidavit that mistake or omission has occurred in the printing of official ballots or ballot labels for any primary or election, the court of common pleas of the proper county, or any judge thereof, may, upon the application of any qualified elector of the county, require the county board of elections to correct the mistake or omission, or to show cause why they should not do so.

§ 2971. Record of ballots to be kept

The county board shall keep a record of the number of official ballots printed and furnished to each election district at each primary and election, and of the number of unused ballots and cancelled ballots subsequently returned therefrom, and also of the disposition of the additional official ballots provided, as required by section 1007 of this act.

ARTICLE XI. VOTING MACHINES

§ 3001. Definition of terms

§ 3002. Authorization of voting machines

Any county, city, borough or township may, by a majority vote of its qualified electors voting thereon cast at any general or municipal election, authorize and direct the use of voting machines for registering or recording and computing the vote at all elections held in such county, city, borough or township, or in any part thereof.

§ 3003. Placing the question on the ballot; election thereon

(a) The county election board may, upon their own motion, submit to the qualified electors of the county, or of any city, borough or township thereof, at any general or municipal election, the question “Shall voting machines be used in the (county, city, borough or township) of ………………………?”

(b) The county election board, upon receipt of a request from the council of any city or borough, or from the commissioners or supervisors of any township, said request being evidenced by the filing of a copy of a resolution certified by the secretary or clerk of the council, commissioners or supervisors, or upon the filing of a petition with them signed by qualified electors of the county, city, borough or township, equal in number to at least ten per cent of the total number of electors who voted in said county, city, borough or township at the preceding general or municipal election, but in no case less than fifty, unless the total number of electors who voted therein at the preceding general or municipal election was less than one hundred, in which case one-half of the number so voting shall be sufficient, shall, at the next general or municipal election, occurring at least sixty days thereafter, submit to the qualified electors of such county, city, borough or township, the question “Shall voting machines be used in the (county, city, borough or township) of ………………………?”

§ 3004. Installation of voting machines

§ 3004.1. Temporary use of approved voting machines in certain cases

If the question hereinbefore provided shall have been submitted to the qualified electors of the county, and the majority of the electors voting thereon shall have voted favorably thereon, and if the county election board has made a gradual installation of voting machines approved by the Secretary of the Commonwealth, then such county board of elections may, upon their own motion, authorize the temporary installation of voting machines approved by the Secretary of the Commonwealth for primaries and elections in one or more election districts of the county and the use of such voting machines shall be as valid for all purposes as if the voting machines had been permanently installed.

§ 3005. Changing the boundaries of election districts

§ 3006. Examination and approval of voting machines by the Secretary of the Commonwealth

§ 3007. Requirements of voting machines

No voting machine shall, upon any examination or reexamination, be approved by the Secretary of the Commonwealth, or by any examiner appointed by him, unless it shall, at the time, satisfy the following requirements:

§ 3008. Payment for machines

The county commissioners, or such other authority as levies the taxes for county purposes of any county which adopts voting machines, or of any county in which a city, borough or township is located which adopts voting machines, shall, upon the purchase thereof, provide for payment therefor by the county: Provided, however, That bonds or other evidences of indebtedness, payable not later than thirty years from their dates of issuance, may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties, to meet all or any part of the cost of the voting machines.

§ 3009. Demonstration of voting machines

Whenever a referendum is about to be held upon the adoption of voting machines in any county, city, borough or township, the county election board shall purchase, lease or borrow a reasonable number of voting machines for demonstration purposes in such county, city, borough or township, prior to such referendum.

§ 3010. Form of ballot labels on voting machines

§ 3011. Preparation of voting machines by county election boards

§ 3012. Delivery of voting machines and supplies by county election boards to election officers

§ 3013. Election officers; polling places

§ 3014. Delivery of voting machine keys to judge of election

§ 3015. Instruction of voters before an election

§ 3016. Voting by ballot

If a method of election for any candidates or offices is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable, or if, for any other reason, at any election the use of voting machines is not possible or practicable, the county election board may arrange to have the voting for such or all offices conducted by paper ballots. In such cases, ballots shall be printed for such or all offices, and the election conducted by the election officers herein provided for, and the ballots counted and return thereof made in the manner required by law for such offices, in so far as paper ballots are used.

§ 3017. Unofficial ballot labels; repair of machine, or use of paper ballots

§ 3018. Custody of voting machines and keys

ARTICLE XI-A. ELECTRONIC VOTING SYSTEMS

§ 3031.1. Definitions

§ 3031.2. Authorization of electronic voting systems for use at polling places

Any county or municipality may, by a majority vote of its qualified registered electors voting thereon cast at any primary or election, authorize and direct the use of an electronic voting system for registering or recording and computing the vote at all elections and primaries held at polling places in such county or municipality.

§ 3031.3. Placing the question on the ballot; election thereon

(a) The county election board may, upon their own motion, submit to the qualified registered electors of the county or municipality, at any primary or election, the question “shall an electronic voting system be used at polling places in the (county or municipality) of …………………?”

(b) The county election board, upon receipt of a request from the governing body of a municipality, said request being evidenced by the filing of a copy of a resolution certified by the secretary or clerk of the municipality, or upon the filing of a petition with them signed by qualified registered electors of the county or municipality, equal in number to at least ten (10) per centum of the total number of electors who voted in said county or municipality, at the preceding general or municipal election, but in no case less than fifty, shall, at the next primary or election, occurring at least sixty days thereafter, submit to the qualified registered electors of such county or municipality, the question “shall an electronic voting system be used at polling places in the (county or municipality) of …………………?”

§ 3031.4. Installation of electronic voting systems

§ 3031.5. Examination and approval of electronic voting systems by the Secretary of the Commonwealth

§ 3031.6. Experimental use of electronic voting systems

§ 3031.7. Requirements of electronic voting systems

No electronic voting system shall, upon any examination or reexamination, be approved by the Secretary of the Commonwealth, or by any examiner appointed by him, unless it shall be established that such system, at the time of such examination or reexamination:

§ 3031.8. Payment for machines

The county commissioners or such other authority as levies the taxes for county purposes of any county which adopts an electronic voting system shall, upon the purchase, lease or other procurement thereof, provide for payment therefor by the county. Bonds or other evidences of indebtedness may be issued in accordance with the provisions of the act of July 12, 1972 (P.L. 781, No. 185) known as the “Local Government Unit Debt Act,” to meet all or any appropriate part of the cost of any such system.

§ 3031.9. Forms

§ 3031.10. Supplies; preparation of the voting system and of polling places

§ 3031.11. Instruction of voters

§ 3031.12. Election day procedures and the process of voting

§ 3031.13. Post election procedures

§ 3031.14. Returns

§ 3031.15. Absentee ballots

Absentee votes may be cast on paper ballots or on ballot cards.

§ 3031.16. Ballots and ballot labels; disposition

§ 3031.17. Statistical sample

The county board of elections, as part of the computation and canvass of returns, shall conduct a statistical recount of a random sample of ballots after each election using manual, mechanical or electronic devices of a type different than those used for the specific election. The sample shall include at least two (2) per centum of the votes cast or two thousand (2,000) votes whichever is the lesser.

§ 3031.18. Recounts

In an election district using an electronic voting system, should a recount of votes be ordered as provided by law, the ballots shall be recounted in accordance with section 1404(e) If the recount is conducted under Article XVII:

§ 3031.19. Voting by ballot

If in any case the number of candidates nominated or seeking nomination for any office, or if a method of election for any candidate or office which is prescribed by law, renders the use of an electronic voting system impracticable, or if, for any other reason the use of an electronic voting system is not possible or practicable at a particular election, the county board of elections may arrange to have the voting at any such election and for any such offices conducted by paper ballots. In such cases, the ballots shall be printed for any such election or office and the election shall be conducted by the election officers herein provided for, and the ballots counted and the return thereof made in the manner required by law for such offices insofar as paper ballots are used.

§ 3031.20. Unofficial ballot labels; repair and alternate use of paper ballots

§ 3031.21. Custody of electronic voting systems and keys

§ 3031.22. Construction

The provisions of this article shall constitute an additional method of voting and all provisions of this act shall be construed to be in full force and effect unless inconsistent with the provisions of this article.

ARTICLE XI-B. VOTING APPARATUS BONDS

§ 3035.1. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

§ 3035.2. Bond issuance

§ 3035.3. Criteria for bond issuance

§ 3035.4. Issuance of bonds, security and sources of payments

§ 3035.5. Sale of bonds

The authority shall offer the bonds for sale by means of a public, competitive sale or by means of a negotiated sale based on the authority’s determination of which method will produce the most benefit to counties and the Commonwealth.

§ 3035.6. Deposit of bond proceeds

The net proceeds of bonds, other than refunding bonds, exclusive of costs of issuance, reserves and any other financing charges, shall be transferred by the authority to the State Treasurer for deposit into a restricted account established in the State Treasury and held solely for the purposes under section 1102-B(b) to be known as the County Voting Apparatus Reimbursement Account. The department shall pay out the bond proceeds to the counties from the account in accordance with this article.

§ 3035.7. Payment of bond-related obligations

For each fiscal year in which bond obligations and bond administrative expenses will be due, the authority shall notify the department of the amount of bond obligations and the estimated amount of bond administrative expenses in sufficient time, as determined by the department, to permit the department to request an appropriation sufficient to pay bond obligations and bond administrative expenses that will be due and payable in the following fiscal year. The authority’s calculation of the amount of bond obligations and bond administrative expenses that will be due shall be subject to verification by the department.

§ 3035.8. Commonwealth not to impair bond-related obligations

The Commonwealth pledges that it shall not do any of the following:

§ 3035.9. (Reserved)

§ 3035.10. Personal liability

The members, directors, officers and employees of the department and the authority shall not be personally liable as a result of good faith exercise of the rights and responsibilities granted under this article.

§ 3035.11. Annual report

No later than March 1 of the year following the first full year in which bonds have been issued under this article and for each year thereafter in which bond obligations existed in the prior year, the department shall submit an annual report to the the chair and minority chair of the Appropriations Committee of the Senate, the chair and minority chair of the Appropriations Committee of the House of Representatives, the chair and minority chair of the State Government Committee of the Senate and the chair and minority chair of the State Government Committee of the House of Representatives providing all data available on bonds issued or existing in the prior year. The report shall include existing and anticipated bond principal, interest and administrative costs, revenue, repayments, refinancing, overall benefits to counties and any other relevant data, facts and statistics that the department believes necessary in the content of the report.

§ 3035.12. Reimbursement of county voting apparatus expenses

ARTICLE XII. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS

§ 3041. Notice of November elections

The county board of each county shall, not earlier than ten days nor later than three days before each November election, give notice of the same by newspaper publication in the county in accordance with the provisions of section 106 of this act, said notice to be published twice in counties of the first class and once in all other counties. Such notice shall set forth—(a) the officers to be elected in the State at large, or in said county, or in any district of which said county or part thereof forms a part, or in any city, borough, township, school district, poor district, ward or other district which is contained in such county; (b) the names of the candidates for election to Federal, State, county and city offices, whose names will appear upon the ballots or ballot labels; (c) the text of all constitutional amendments and other questions to be submitted at such election; (d) the places at which the election is to be held in the various election districts of the county; and (e) the date of the election and the hours during which the polls will be open. Such notice may include a portion of the form of ballot or diagram of the face of the voting machine in reduced size.

3041.1. Deleted by 1990, Dec. 17, P.L. 681, No. 169, § 4, effective in 60 days

§ 3041.2. Publishing constitutional amendments

In accordance with the requirements of section 1 of Article XI of the Constitution of Pennsylvania, the Secretary of the Commonwealth shall cause to have published in the manner prescribed all proposed amendments to the Constitution of Pennsylvania. As much of the money, from time to time, in the General Fund as shall be deemed necessary by the Governor is hereby appropriated to the Department of State to pay the costs of such publications.

§ 3042. Cards of instructions and supplies

Prior to each primary and election each county board of election shall prepare full instructions for the guidance of electors in districts in which ballots are used, and also similar instructions for the guidance of electors in districts in which voting machines are used, and they shall cause the same, together with such portions of this act as deemed advisable, to be printed in large clear type on separate cards to be called cards of instruction. They shall also prepare blank forms of oaths of election officers, records of assisted voters, affidavits of challenged electors and others, general and duplicate return sheets, tally papers, statements, blank forms for numbered lists of voters, with sufficient space for noting their party enrollment at primaries, notice of penalties for the information of electors and election officers, and other forms and supplies required by this act for use in each election district of the county. Said forms, blank books, and other supplies shall have printed thereon appropriate instructions. In districts in which voting machines are used the general and duplicate return sheets and statement shall be printed to conform to the type of voting machine sued in such districts and the designating number and letter, if any, on the counter for each candidate shall be printed thereon opposite the candidate’s name.

§ 3043. Voter’s certificates

At each primary and election each county board shall prepare a suitable number of voter’s certificates which shall be in form approved by the Secretary of the Commonwealth substantially as follows:

§ 3044. Delivery of ballots and supplies to judges of election

The cards of instruction, return sheets, tally papers, statements, oaths of election officers, affidavits, voter’s certificates, and other forms and supplies required for use in each election district, and also the district register of such district, and in districts in which ballots are used, the official and specimen ballots prepared for use therein, shall be packed by the county board of elections in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots of each kind enclosed. They shall then be delivered by the county board, together with the ballot box which shall bear the name and number of the election district, to the judges of election in the several election districts, not later than the day prior to the day of the primary or election: Provided, however, That if, for any reason, it is impossible to deliver such packages to the judge of election in any district, such packages may be delivered to one of the inspectors therein. The respective judges of election or inspectors shall, on delivery to them of such packages, return receipts therefor to the county board, which shall keep a record of the time when and the manner in which the several packages are delivered. The county board may, in its discretion, require the respective judges of election to call at its office to obtain the said packages.

§ 3045. Time for opening and closing polls

At all primaries and elections the polls shall be opened at 7 A.M., Eastern Standard Time, and shall remain open continuously until 8 P.M., Eastern Standard Time, at which time they shall be closed.

§ 3046. Duties of common pleas court on days of primaries and elections

The court of common pleas of each county of the Commonwealth or a judge or judges thereof, shall be in continuous session at the courthouse of said county, or, in judicial districts composed of more than one county, at the courthouse of the county in which such judge or judges reside, on the day of each primary and election from 7 o’clock A. M. until 10 o’clock P. M. and so long thereafter as it may appear that the process of said court will be necessary to secure a free, fair and correct computation and canvass of the votes cast at said election. In judicial districts having but one judge of the court of common pleas, such judge shall not be required to be in session, as aforesaid, between the hours of 12 o’clock noon and 2 o’clock P. M., nor between the hours of 5:30 o’clock P. M. and 7 o’clock P. M. During such period said court shall act as a committing magistrate for any violation of the election laws; shall settle summarily controversies that may arise with respect to the conduct of the election; shall issue process, if necessary, to enforce and secure compliance with the election laws; and shall decide such other matters pertaining to the election as may be necessary to carry out the intent of this act. When an individual is seeking a judicial order to vote, the court shall, pursuant to the provisions of the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15301 et seq.), inform the individual of the provisional ballot process set forth in section 1210(a.4) and shall direct the individual to follow the procedure in section 1210(a.4). In counties of the third class the court shall have power to appoint additional clerks at the polling places where needed and requested by the election board: Provided, That for each clerk appointed from the majority political party, a clerk from the minority political party must also be appointed.

§ 3046.1. Duties of counsel for county board of elections

The counsel for the county board of elections shall be in constant attendance at the office of the board on the day of each primary and election from 7 o’clock A.M. until 12 o’clock noon, and from 2 o’clock P.M. until 5:30 o’clock P.M., and from 7 o’clock P.M. until 10 o’clock P.M., and shall, upon request, instruct election officers, overseers, watchers, and electors as to their rights and duties in election matters.

§ 3046.2. Title III complaints

§ 3047. Peace officers; no police officer to be within one hundred feet of polling place, exceptions; presence of soldiers prohibited

The election officers, or any three qualified electors of any election district, may call upon any mayor, chief burgess, sheriff, deputy sheriff, constable, deputy constable, or police officer, to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from approaching, or to maintain order and quell any disturbance, if such arises. No police officer in commission, whether in uniform or in citizen’s clothes, shall be within one hundred feet of a polling place during the conduct of any primary or election, unless in the exercise of his privilege of voting, or for the purpose of serving warrants, or unless called upon to preserve the peace, as provided by this act: Provided, however, That such prohibition shall not apply to such police officers assigned to a police station or headquarters located in a building or on the premises where the polling place is located and such police officers must be within one hundred (100) feet of the polling place to enter and exit such police station or headquarters: And provided further, That in no event may any police officer unlawfully use or practice any intimidation, threats, force or violence nor, in any manner, unduly influence or overawe any elector or prevent him from voting or restrain his freedom of choice, nor may any such police officer electioneer or directly or indirectly attempt to influence the election or electors while within one hundred (100) feet of a polling place as herein set forth: And provided further, That where polling places are located in buildings or on premises where a police station or headquarters are located, the polling place shall be located in a separate room. No body of troops in the Army of the United States or of this Commonwealth shall be present, either armed or unarmed, at any place of election within this Commonwealth during the time of any primary or election: Provided, however, That no officer or soldier shall be prevented from exercising the right of suffrage in the election district in which he resides, if otherwise qualified.

§ 3048. Meeting of election officers on day of election; duties of election officers

§ 3049. Opening of polls; posting cards of instruction and notices of penalties and voters’ rights; examination of voting machines

§ 3050. Manner of applying to vote; persons entitled to vote; voter’s certificates; entries to be made in district register; numbered lists of voters; challenges

(a)At every primary and election each elector who appears to vote and who desires to vote shall first present to an election officer proof of identification. The election officer shall examine the proof of identification presented by the elector and sign an affidavit stating that this has been done.

(a.1)Deleted by 2012, March 14, P.L. 195, No. 18, § 3, imd. effective.

(a.2)If any of the following apply, the elector shall be permitted to cast a provisional ballot in accordance with subsection (a.4):

(a.3)

(a.4)

(b)If any elector was unable to sign his name at the time of registration, or, if having been able to sign his name when registered, he subsequently shall have lost his sight or lost the hand with which he was accustomed to sign his name, or shall have been otherwise rendered by disease or accident unable to sign his name when he applies to vote, he shall establish his identity to the satisfaction of the election officers, and in such case he shall not be required to sign a voter’s certificate, but a certificate shall be prepared for him by one of the election officers, upon which the facts as to such disability shall be noted and attested by the signature of such election officer.

(c)No person who applies to vote shall be permitted by any election officer or clerk or other person to see the signature recorded as his in the district register until after he shall have signed his name to the voter’s certificate.

(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 is 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.

(e)A person who wilfully commits fraud or who conspires to wilfully commit fraud in relation to any of the provisions of this section commits a felony of the third degree and, upon conviction, shall be sentenced to pay a fine not exceeding fifteen thousand dollars ($ 15,000) or to undergo a term of imprisonment of not more than seven years, or both. An individual convicted under this subsection shall be barred for life from serving as a judge, inspector or clerk of election, machine inspector translator, county election board official, poll watcher or in any other official capacity relating to the sanctity, observation or conduct of Pennsylvania elections.

(f)As used in this section, “care facility” means any of the following:

§ 3051. Bribery at elections; challenges; rejection of votes

(a)The election officers shall reject the vote of any person at any primary or election who shall give or promise or offer to give to an elector, any money, reward or other valuable consideration for his vote at such primary or election or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such elector’s vote or for the withholding thereof, or who shall receive or agree to receive for himself or for another any money, reward or other valuable consideration for his vote at such primary or election, or for withholding the same.

(b)The vote of any elector shall be rejected by the election officers if they or any one of them shall of their own knowledge know him to be guilty of a violation of any of the provisions of this section, or if upon challenge of such elector by any qualified elector, election officer, overseer or watcher, it shall be proved to their satisfaction that such elector has violated the provisions of this section, and in no case shall any elector so challenged be permitted to vote, unless he shall make written affidavit that the matter of the challenge is untrue.

§ 3052. Voting check list

After each elector has been admitted to vote, his voter’s certificate shall be inserted in the file or binder provided therefor by the county board, and known as the “Voting Check List,” and the said voter’s certificate so bound shall constitute the official list of electors voting at such primary or election. All voter’s certificates prepared by persons applying to vote whose applications to vote are refused by the election officer shall be carefully preserved and returned to the county board with the other papers.

§ 3053. Qualifications of electors to be decided by inspectors; duty of judge

The inspectors of election shall investigate and pass upon the qualifications of all persons claiming the right to vote at any primary or election, and if the inspectors shall disagree upon the right of any person to vote, the judge of election shall decide the question. If the judge is unable to decide, then the overseers of election, if they be agreed, shall decide the question.

§ 3054. Admission of electors within enclosed space

(a)No elector shall be allowed to enter the enclosed space until he shall be found entitled to vote.

(b)As soon as an elector has been admitted within the enclosed space, the election officer having charge of the ballots in districts in which ballots are used, shall detach a ballot and give it to the elector, first folding it so that the words and figures printed on the back shall be the only words and figures visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. Not more than one ballot shall be detached in any book of ballots at any one time. Not more than one ballot shall be given to an elector, but if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls shall be enclosed in an envelope, sealed and returned to the county board.

(c)In districts in which voting machines are used, an elector, after being found to be qualified and admitted within the enclosed space, shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote.

(d)Not more than twice as many electors waiting to vote as there are voting compartments or voting machines in use in the district shall be admitted within the enclosed space at any one time.

§ 3055. Method of marking ballots and depositing same in districts in which ballots are used

(a)In districts in which ballots are used, the elector, after receiving his ballot, shall retire to one of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot.

(b)At primaries, the elector shall prepare his ballot in the following manner: He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by making a cross (X) or check ( ) mark in the square opposite the name of the candidate, or he may insert by writing or stamping in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the making of a cross (X) or check ( ) mark. In districts in which paper ballots or ballot cards are electronically tabulated, stickers or labels may not be used to mark ballots.

(c)At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check ( ) mark in the square opposite the name of the candidate, or he may insert by writing or stamping in the blank spaces provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the making of a cross (X) or check ( ) mark. In districts in which paper ballots or ballot cards are electronically tabulated, stickers or labels may not be used to mark ballots. If he desires to vote for every candidate of a political party or political body, except its candidates for offices as to which he votes for individual candidates in the manner hereinafter provided, he may make a cross (X) or check ( ) mark in the square opposite the name of the party or political body of his choice in the party column on the left of the ballot, and every such cross (X) or check ( ) mark shall be equivalent to and be counted as a vote for every candidate of a party or political body so marked, including its candidates for presidential electors, except for those offices as to which he has indicated a choice for individual candidates of the same or another party or political body, by making a cross (X) or check ( ) mark opposite their names in the manner hereinabove provided, as to which offices his ballot shall be counted only for the candidates which he has thus individually marked, notwithstanding the fact that he made a mark in the party column, and even though in the case of an office for which more than one candidate is to be voted for, he has not individually marked for such office the full number of candidates for which he is entitled to vote. If he desires to vote for the entire group of presidential electors nominated by any party or political body, he may make a cross (X) or check ( ) mark in the appropriate square at the right of the names of the candidates for President and Vice-President of such party or body. If he desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or political bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or political body, or wholly of names of persons not in nomination by any party or political body, he shall insert, by writing or stamping, the names of the candidates for presidential electors for whom he desires to vote in the blank spaces provided therefor under the title of the office “Presidential Electors.” In case of a question submitted to the vote of the electors, he may make a cross (X) or check ( ) mark in the appropriate square opposite the answer which he desires to give.

(d)Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the ballot to one of the election officers who shall ascertain by an inspection of the number appearing upon the right hand corner of the back of the ballot whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the election officer shall direct the elector, without unfolding the ballot, to remove the perforated corner containing the number, and the elector shall immediately deposit the ballot in the ballot box. Any ballot deposited in a ballot box at any primary or election without having the said number torn off shall be void and shall not be counted.

§ 3056. Instructions of voters and manner of voting in districts in which voting machines are used

(a)In districts in which voting machines are used, the election officers shall, with the aid of the diagrams authorized by this act and the mechanically operated model, instruct each elector before he enters the voting machine booth regarding the operation of the machine, and shall give the elector opportunity personally to operate the model. In election districts using full-scale models listing the actual ballot labels for the primary or election as the case may be, any elector who desires a demonstration on such full-size scale model shall have the right to select any registered elector who is legally entitled to be inside the polling place under the provisions of this act to give such elector a demonstration.

(b)If any voter, after entering the voting machine booth and before the closing of such booth, shall ask for further instructions concerning the manner of voting, any one of the election officers may give him such instructions, but no person giving a voter such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the election officer shall retire, and the elector shall forthwith vote.

(c)At primaries, before a voter is admitted to the voting machine, it shall be adjusted by the election officer in charge thereof, so that such voter will only be able to vote for the candidates of the party in which he is registered and enrolled and for candidates for nonpartisan nomination, if any.

(d)At all elections, the elector shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate is placed. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give.

(e)A voter may, at any primary or election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by an irregular ballot containing the name of such person deposited, written or affixed in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all irregular ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the names of one or more persons whose names do so appear. With these exceptions, no irregular ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted.

(f)At any general election at which presidential electors are to be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or political body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the words “Presidential Electors,” preceded by the names of the party or body and followed by the names of the candidates thereof for the office of President and Vice-President, and the corresponding counter or registering device shall register votes cast for said electors when thus voted for collectively. If an elector desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he may write or deposit a paper ballot prepared by himself in the receptacle provided in or on the machine for the purpose. The machine shall be so constructed that it will not be possible for any one voter to vote a straight party ticket for presidential electors and at the same time to deposit a ballot for presidential electors in a receptacle as provided in this section. When the votes for presidential electors are counted, the votes appearing upon the counter or registering device corresponding to the ballot label containing the names of the candidates for President and Vice-President of any party or body shall be counted as votes for each of the candidates for presidential elector of such party or body, and thereupon all candidates for presidential elector shall be credited, in addition, with the votes cast for them upon the ballots deposited in the machine, as provided in this section.

(g)As soon as the elector has adjusted the voting machine so that it will record his choice for the various candidates to be voted for, and his answers to the various questions submitted, he shall operate the recording mechanism, and forthwith leave the voting machine booth.

§ 3057. Time allowed elector in voting booth or voting machine compartment

No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time, and, in no event, for more than three minutes, and if he shall refuse to leave after said period, he shall be removed by the election officers: Provided, however, That they may grant him a longer time if other electors are not waiting to vote.

§ 3058. Assistance in voting

(a)No voter shall be permitted to receive any assistance in voting at any primary or election, unless there is recorded upon his registration card his declaration that, by reason of blindness, disability, or inability to read or write, he is unable to read the names on the ballot or on the voting machine labels, or that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine, or to enter the voting compartment or voting machine booth without assistance, the exact nature of such condition being recorded on such registration card, and unless the election officers are satisfied that he still suffers from the same condition.

(b)Any elector who is entitled to receive assistance in voting under the provisions of this section shall be permitted by the judge of election to select a person of the elector’s choice to enter the voting compartment or voting machine booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or voting machine booth except that the judge of election, the elector’s employer or an agent of the employer or an officer or agent of the elector’s union shall not be eligible to assist the elector.

(c)In every case of assistance under the provisions of this section, the judge of election shall forthwith enter in writing in a book to be furnished by the county board of elections, to be known as the record of assisted voters—(1) the voter’s name; (2) a statement of the facts which entitle him to receive assistance; and (3) the name of the person furnishing the assistance. The record of assisted voters shall be returned by the judge of election to the county board of elections with the other papers, as hereinafter provided, and said county board shall permit the same to be examined only upon the written order of a judge of the court of common pleas: Provided, however, That such record shall be subject to subpoena to the same extent to which other election records may be subpoenaed: And provided further, That the county election board shall permit any registration commission to examine any records of assisted voters without a court order, in order that the registration commission may ascertain whether electors, who have declared, at the time of registration, their need for assistance, actually did receive assistance when voting at any election.

§ 3059. Ballots to be issued by election officers only; ballots not to be removed; official ballots only to be deposited or counted

No official ballot shall be taken from any book of ballots, except by an election officer or clerk when a person desiring to vote has been found to be a qualified elector entitled to vote. Not more than one ballot shall be removed at any one time or given to an elector, except in the case of a spoiled ballot as provided by this act. No person other than the election officers shall take or remove any ballot from the polling place. No ballot without the official endorsement shall, except as herein otherwise provided, be deposited in the ballot box, and no other ballots shall be counted. If any ballot appears to have been obtained otherwise than from the county board as provided by this act, the same shall not be counted, and the judge of election shall transmit such ballot to the district attorney without delay, together with whatever information he may have regarding the same.

§ 3060. Regulations in force at polling places

(a)Until the polls are closed, no person shall be allowed in the polling place outside of the enclosed space at any primary or election, except the watchers, voters not exceeding ten at any one time who are awaiting their turn to vote, and peace officers, when necessary for the preservation of the peace. No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this act.

(b)No elector, except an election officer, clerk, machine inspector or overseer, shall be allowed to re-enter the enclosed space after he has once left it, except to give assistance as provided by this act.

(c)No person, when within the polling place, shall electioneer or solicit votes for any political party, political body or candidate, nor shall any written or printed matter be posted up within the said room, except as required by this act.

(d)All persons, except election officers, clerks, machine inspectors, overseers, watchers, persons in the course of voting, persons lawfully giving assistance to voters, and peace and police officers, when permitted by the provisions of this act, must remain at least ten (10) feet distant from the polling place during the progress of the voting.

(e)When the hour for closing the polls shall arrive, all qualified electors who have already qualified, and are inside the enclosed space, shall be permitted to vote; and, in addition thereto, all those qualified electors who are in the polling place outside the enclosed space waiting to vote and all those voters who are in line either inside or outside of the polling place waiting to vote, shall be permitted to do so, if found qualified.

(f)It shall be the duty of the judge of election to secure the observance of the provision of this section, to keep order in the voting room, and to see that no more persons are admitted within the enclosed space than are permitted by this act. The judge of election may call upon any constable, deputy constable, police officer or other peace officer to aid him in the performance of his duties under this section.

§ 3061. Duties of election officers after the close of the polls in districts in which ballots are used

After the polls are closed and the last elector has voted in districts in which ballots are used, the election officers, clerks and overseers, if any, shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors (at primaries the number issued to the electors of each party) and the number of ballots (at primaries the number of ballots of each party), if any, spoiled and returned by voters and cancelled, shall be announced to all present in the voting room, and entered on the general returns of votes cast at such primary or election. The election officers shall then compare the number of electors voting with the number of names marked as voting in the district register, “Voting Check List,” and numbered lists of voters, shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the “Voter’s Check List.” If any differences exist, they shall be reconciled, if possible, otherwise they shall be noted on the general returns. The district register, the Voting Check List and the numbered lists of voters, together with all unused ballots, and all spoiled and cancelled ballots, and all rejected voter’s certificates shall then be placed in separate packages, containers or envelopes, and sealed, before the ballot box is opened.

§ 3062. Count and return of votes in districts in which ballots are used

(a)As soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the “Voting Check List,” numbered lists of voters and district register sealed, the election officers shall forthwith open the ballot box, and take therefrom all ballots therein, and at primaries, separate the same according to the party to which they belong. The ballots shall then be counted one by one, and a record made of the total number, and at primaries of the total number cast for each party. Then the judge, under the scrutiny of the minority inspector, or the minority inspector, under the scrutiny of the judge, in the presence of the other officers, clerks, and of the overseers, if any, and within the hearing and sight of the watchers outside the enclosed space, shall read aloud the names of the candidates marked or inserted upon each ballot (at primaries the ballots of each party being read in sequence), together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any, and the majority inspector and clerks shall carefully enter each vote as read, and keep account of the same in ink in triplicate tally papers (triplicate tally papers for each party at primaries) to be provided by the county board of elections for that purpose, all three of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The election officers shall forthwith proceed to canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully completed.

(b)When the vote cast for the different persons named upon the ballots and upon the questions, if any, appearing thereon, shall have been fully recorded in the tally papers and counted, the election officers shall duly certify to the number of votes cast for each person (upon the respective party tickets at primaries), and shall prepare in ink two (2) general returns, showing, in addition to the entries made thereon as aforesaid, the total number of ballots received from the county board (the total of each party at primaries), the number of ballots cast (the number of each party at primaries), the number of ballots (of each party at primaries) declared void, and the number of ballots spoiled and cancelled, and any blank ballots cast, as well as the votes cast for each candidate. At elections, the number of votes cast for each candidate by each political party or political body of which such candidate is a nominee shall be separately stated. In an immediate column to the left thereto, the number of votes received by each candidate upon all ballots shall be entered, such column to be of convenient width and shall be headed “number of votes received.” The total number of votes received by each candidate shall be entered in a column on the extreme right-hand side of the return sheets, which column shall be of convenient width and shall be headed “total number of votes.”

Nothing in this section contained shall be construed to authorize or permit the canvassing, counting or tallying ballots with any less degree of strictness than otherwise required by law.

(c)In returning any votes cast for any person whose name is not printed on the ballot, the election officers shall record any such names exactly as they were written or stamped upon the ballot. In districts in which paper ballots or ballot cards are electronically tabulated, stickers or labels may not be used to mark ballots. A vote cast by means of a sticker or label affixed to a ballot or ballot card shall be void and may not be counted.

§ 3063. What ballots shall be counted; manner of counting; defective ballots

(a)No ballot which is so marked as to be capable of identification shall be counted. Any ballot that is marked in blue, black or blue-black ink, in fountain pen or ball point pen, or black lead pencil or indelible pencil, shall be valid and counted: Provided, That all markings on the ballot are made by the same pen or pencil. Any ballot marked by any other mark than an (X) or check ( ) in the spaces provided for that purpose shall be void and not counted: Provided, however, That no vote recorded thereon shall be declared void because a cross (X) or check ( ) mark thereon is irregular in form. Any erasure or mutilation in the vote in any office block shall render void the vote for any candidates in said block, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. Any ballot indicating a vote for any person whose name is not printed on the ballot, by writing or stamping, shall be counted as a vote for such person, if placed in the proper space or spaces provided for that purpose, whether or not an (X) or check ( ) is placed after the name of such person: Provided, however, That if such writing or stamping is placed over the name of a candidate printed on the ballot, it shall render the entire vote in said office block void. In districts in which paper ballots or ballot cards are electronically tabulated, stickers or labels may not be used to mark ballots. A vote cast by means of a sticker or label affixed to a ballot or ballot card shall be void and may not be counted. If an elector shall mark his ballot for more persons for any office than there are candidates to be voted for for such office, or if, for any reason, it may be impossible to determine his choice for any office, his ballot shall not be counted for such office, but the ballot shall be counted for all offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots.

(b)At November elections, a cross (X) or check ( ) mark in the square opposite the name of political party or political body in the party column shall be counted as a vote for every candidate of that party or body so marked, including its candidates for presidential electors, except for those offices as to which the voter has indicated a choice for individual candidates of the same or another party or body in any office block, in which case the ballot for such office block shall be counted only for the candidates thus individually marked, notwithstanding the fact that the voter has made a mark in the party column, and even though in the case of an office for which more than one candidate is to be voted for, he has not individually marked for such office the full number of candidates for which he is entitled to vote.

§ 3064. Ballot decisions to be made by inspectors; duty of judge

Decisions concerning questionable marks on ballots or defacing or mutilation of ballots, and the count to be recorded thereon, shall be made in the same manner as decisions concerning the qualifications of voters, as provided in section 1212 herein.

§ 3065. Signing and disposition of returns, district register and voting check list; posting; return of ballot boxes

(a)Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the election officers and clerks, and certified by the overseers, if any. If any election officer, clerk or overseer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of said returns shall be immediately posted for the information of the public outside the polling place, and one shall be entrusted to the judge for delivery to the county board with the package of unused ballots, etc., in an envelope provided for that purpose. The election officers shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with one set of tally papers, one numbered list of voters, sealed as aforesaid, and one oath of each election officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the judge and minority inspector shall immediately deliver the ballot boxes to the custody of the county board, and the county board shall not compute any returns from any election district until the ballot boxes therefor, as well as the package of unused ballots, etc., aforesaid therefrom, are delivered, as aforesaid. The election officers shall record the number of votes cast for each person on an official specimen ballot, shall sign the same and immediately post it outside the polling place for the information of the public.

(b)The minority inspector shall retain one complete set of tally papers, one numbered list of voters, sealed as aforesaid, and one set of oaths of election officers and carefully preserve the same for a period of at least one year. The remaining tally papers, affidavits of voters and others, including oaths of election officers, and one general return sheet shall be placed in separate envelopes, to be provided for that purpose, and sealed as soon as the count is finally completed. All of such envelopes and one numbered list of voters, previously sealed as aforesaid, shall be entrusted to the judge of election to be immediately delivered to the county board. The judge of elections shall return to the county board by two o’clock A. M. on the day following the election envelopes; supplies, including all uncast provisional ballots; and returns, including all provisional ballots and absentee ballots cast in the election district.

(c)Immediately upon completion of the count and tabulation of the votes cast, the district register and the voting check list shall be locked and sealed, and returned forthwith by the judge of election to the custody of the proper registration commission.

§ 3066. Duties of election officers after the close of the polls in districts in which voting machines are used

a)When the hour for closing the polls shall arrive, all qualified electors who have already qualified and are inside the enclosed space shall be permitted to vote; and in addition thereto, all those qualified electors who are in the polling place outside the enclosed space waiting to vote and all those who are in line either inside or outside of the polling place waiting to vote, shall be permitted by the election officers to do so. As soon as the polls are closed, and the last voter has voted, the election officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation, and, they the clerk and the overseers, if any, shall then sign a certificate stating—(1) that the machine has been locked against voting and sealed; (2) the number, as shown on the public counter; (3) the number on the seal which they have placed upon the machine; (4) the number registered on the protective counter or device; and (5) the number or other designation of the voting machine, which certificate shall be returned by the judge of election to the county board with the other certificates, as herein provided. The election officers shall then compare the number, as shown by the public counter of the machine, with the number of names written in the numbered lists of voters, the district register and voting check list, which shall then be placed in separate packages, containers or envelopes and sealed.

§ 3067. Canvass and return of votes in districts in which voting machines are used

(a)If the type of voting machine provided shall require the counters to be seen in order to enable the election officers to canvass the vote, the election officers, in the presence of the watchers and all other persons who may be lawfully within the polling place, shall then make visible the registering counters, and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with mechanism for printing paper proof sheets, the election officers shall forthwith print not less than four proof sheets, and as many more as may be necessary to supply one to each member of the election board, overseer, candidate, watcher, representative of a newspaper, and other persons who may be lawfully present within the polling place, requesting the same. The judge of election and the minority inspector shall then, under the scrutiny of the majority inspector of election, the clerk appointed by the minority inspector, the overseers, if any, and the watchers, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate’s name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counter shall not be read consecutively along the party rows or columns, but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.

(b)The vote as registered shall be entered by the election officers, in ink, on duplicate return sheets, and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the election officers, the clerk, and certified by the overseers, if any. If any election officer, clerk or overseer shall refuse to sign or certify the general or duplicate return sheets or statement, he shall write his reasons therefor upon said sheets. The vote for presidential electors shall be computed and returned as provided hereinbefore in section 1215 of this act. If more than one voting machine is used in any election district, the vote registered on each machine shall be ascertained in like manner, and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of voters who have voted and in primaries, the number of voters who voted in each party, as shown by the numbered lists of voters, district register, and voting check list, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primary elections, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns, and all other reports have been fully completed and checked by the inspectors, clerk and overseers, if any. During such time, any candidate, or duly accredited watcher, who may desire to be present shall be admitted to the polling place.

(c)The proclamation of the result of the votes cast shall be announced distinctly and audibly by the judge of election, who shall read the name of each candidate, the designation or designating numbers and letters of his counters, and the vote registered on each counter, also the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the election officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed, in or upon the voting machine, shall be inclosed in properly sealed packages, and properly indorsed, and shall be delivered by the judge of election as hereinafter provided. The judge of election shall promptly deliver to the county board, or their duly authorized representative, the keys of the voting machine, inclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Said envelope shall have indorsed thereon a certificate of the election officers, stating the number of the machine, the election district where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.

(d)The election officers, on the foregoing returns, shall record any votes which have been cast for a person whose name is not printed on the ballot labels, by means of an irregular ballot, as defined herein. In returning any such votes which have been written or deposited upon receptacles or devices provided for the purpose, the election officers shall record any such names exactly as they were written or deposited.

§ 3068. Disposition of returns; posting; return of district register and voting check list

(a)The general return sheet, duplicate return sheets, and statement, shall be printed to conform to the type of voting machine used, and in form approved by the Secretary of the Commonwealth. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate’s name: Provided, however, That it shall not be necessary to print the name or designating counter number or letter of any candidate for any borough, township, ward, or election district office. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. The minority inspector shall retain one of said duplicate return sheets, one numbered list of voters, sealed as aforesaid, and one set of oaths of election officers and carefully preserve the same for a period of at least one year. The other duplicate return sheet, numbered list of voters, oaths of election officers, and affidavits of voters and others, shall be sealed up and given to the judge of election, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the county board. If the type of voting machine is equipped with mechanism for printing paper proof sheets, one of said proof sheets shall be posted on the door of the polling place with the statement aforesaid; one shall be retained by the minority inspector; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the judge of election to the county board. The printed proof sheet returned with the general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the election. The judge of elections shall return to the county board by two o’clock A. M. on the day following the election envelopes; supplies, including all uncast provisional ballots; and returns, including all provisional ballots and absentee ballots cast in the election district.

(b)Immediately upon completion of the count and tabulation of the vote cast, the district register and the voting check list shall be locked and sealed, and returned forthwith by the judge of election to the custody of the proper registration commission. In cities of the first class, the registration commission shall designate police stations at which it will accept such custody.

§ 3069. Conduct of special elections; returns

Every special election on a proposed constitutional amendment or other question, to be voted on by the electors of the State at large, or by the electors of any political district, shall be held and conducted in all respects in accordance with the provisions of this act relating to November elections, and the provisions of this act relating to November elections shall apply thereto, in so far as applicable, and not inconsistent with any other provisions of this act. All such special elections shall be conducted by the election officers and clerks, by the use of the same equipment and facilities, so far as practicable, as are used for such November elections. The returns of special elections, unless otherwise provided by law, shall be prepared and returned in like manner as returns from November elections, and shall be canvassed and computed as herein provided.

§ 3070. Removal and storage of voting machines

As soon as possible after the completion of the count in districts in which voting machines are used, the county board shall have the voting machines properly boxed, and removed to the place of storage provided for in this act. The voting machines shall remain locked against voting for the period of twenty days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threatened contest over the result of the primary or election, with due regard for the date of the next following election or primary, except that they may be opened and all the data and figures therein examined under the provisions of this act, by order of any court of competent jurisdiction, or judge thereof, or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines, and such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines.

§ 3071. Deadline for receipt of valid voter registration application

(a)Except as provided under subsection (b), each commission, commissioner and registrar or clerk appointed by the commission shall receive, during ordinary business hours and during additional hours as the commission prescribes, at the office of the commission and at additional places as the commission designates, applications from individuals who apply to be registered to vote as provided under 25 Pa.C.S. Part IV (relating to voter registration) who appear and claim that they are entitled to be registered as electors of a municipality.

(b)In the administration of voter registration, each commission shall ensure that an applicant who is a qualified elector is registered to vote in an election when the applicant has met any of the following conditions:

(c)

(d)As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

(e)

§ 3072. Appeals

(a)An individual whose application to be registered has been denied under section 1231 or 25 Pa.C.S. Pt. IV (relating to voter registration) may file with the commission a petition to be registered, setting forth the grounds of the petition under oath or affirmation. The petition must be filed by the eighth day prior to an election.

(b)

(c)As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

§ 3073. Appeals to court of common pleas

(a)An applicant whose claim for registration under section 1231 and 25 Pa.C.S. Part IV (relating to voter registration) has been denied shall have standing to appeal an action of a commission to the appropriate court of common pleas.

(b)An appeal under subsection (a) must be made by the third day preceding an election.

(c)The appeal must request relief and specify the grounds for relief.

(d)Upon timely receipt of an appeal under this section, the court shall conduct a hearing.

(e)If the court finds that an injustice has been done, the court shall reverse or modify the ruling of the commission and issue appropriate injunctive relief.

(f)The following shall apply:

(g)As used in this section, “commission” shall mean a registration commission established under 25 Pa.C.S. § 1203 (relating to commissions).

ARTICLE XIII. VOTING BY QUALIFIED ABSENTEE

§§ 3091 to 3120. Repealed by 1941, Aug. 1, P.L. 672, § 3

§§ 3131 to 3137. Repealed by 1945, March 9, P.L. 29, § 9; 1951, March 6, P.L. 3, § 12

§§ 3138 to 3145. Repealed by 1947, March 5, P.L. 35, § 4

§ 3146.1. Qualified absentee electors

The following persons shall be entitled to vote by an official absentee ballot in any primary or election held in this Commonwealth in the manner hereinafter provided:

(a)Any qualified elector who is or who may be in the military service of the United States regardless of whether at the time of voting he is present in the election district of his residence or is within or without this Commonwealth and regardless of whether he is registered or enrolled; or

(b)Any qualified elector who is a spouse or dependent residing with or accompanying a person in the military service of the United States if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(c)Any qualified elector who is or who may be in the service of the Merchant Marine of the United States if at the time of voting he is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(d)Any qualified elector who is a spouse or dependent residing with or accompanying a person who is in the service of the Merchant Marine of the United States if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(e)Any qualified elector who is or who may be in a religious or welfare group officially attached to and serving with the armed forces if at the time of voting he is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(f)Any qualified elector who is a spouse or dependent residing with or accompanying a person in a religious or welfare group officially attached to and serving with the armed forces if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(g)Any qualified elector who expects to be or is outside the territorial limits of the several States of the United States and the District of Columbia because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election or who is or who may be a civilian employee of the United States outside the territorial limits of the several States of the United States and the District of Columbia, whether or not such elector is subject to civil-service laws and the Classification Act of 1949 and whether or not paid from funds appropriated by the Congress, if at the time of voting he is absent from the municipality of his residence: Provided, however, That said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(h)Any qualified elector who is a spouse or dependent residing with or accompanying a person who expects to be or is outside the territorial limits of the several States of the United States and the District of Columbia because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election or who is a spouse or dependent residing with or accompanying a person who is a civilian employee of the United States outside the territorial limits of the several States of the United States and the District of Columbia, whether or not such person is subject to civil-service laws and the Classification Act of 1949 and whether or not paid from funds appropriated by the Congress, if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(i)Any qualified war veteran elector who is bedridden or hospitalized due to illness or physical disability if he is absent from the municipality of his residence and unable to attend his polling place because of such illness or physical disability regardless of whether he is registered and enrolled; or

(j)Any qualified registered and enrolled elector who expects to be or is absent from the municipality of his residence because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election; or

(k)Any qualified registered and enrolled elector who because of illness or physical disability is unable to attend his polling place or operate a voting machine and secure assistance by distinct and audible statement as required in section 1218 of this act;

(l)Any qualified registered and enrolled elector who is a spouse or dependent accompanying a person employed in the service of this Commonwealth or in the service of the Federal Government within the territorial limits of the several States of the United States and the District of Columbia in the event the duties, profession or occupation of such person require him to be absent from the municipality of his residence; or

(m)Any qualified elector who is a county employe who cannot vote due to duties on election day relating to the conduct of the election; or

(n)Any qualified elector who will not attend a polling place because of the observance of a religious holiday:

§ 3146.2. Applications for official absentee ballots

(a)Any qualified elector defined in preceding section 1301, subsections (a) to (h), inclusive, may apply at any time before any primary or election for any official absentee ballot in person, on any form supplied by the Federal Government, or on any official county board of election form addressed to the Secretary of the Commonwealth of Pennsylvania or the county board of election of the county in which his voting residence is located.

(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. 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. When the application is received by the Secretary of the Commonwealth it shall be forwarded to the proper county board of election.

(c)A qualified absentee military or overseas elector, as defined by the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924), may submit his application for an official absentee ballot by electronic transmission method. The electronic transmission method shall not be acceptable for the official absentee ballot. As used in this subsection, “electronic transmission method” means any technology that can transmit a document or an image of a document via electronic or electromechanical means, including, but not limited to, facsimile method. An elector entitled to submit an application for an official absentee ballot under a method authorized under 25 Pa.C.S. Ch. 35 (relating to uniform military and overseas voters) may submit an application using a method authorized under 25 Pa.C.S. Ch. 35, in addition to the methods authorized in this article.

(d)The application of any qualified elector, as defined in preceding section 1301, subsections (a) to (h), inclusive, for an official absentee ballot in any primary or election shall be signed by the applicant, except that for electors under section 1301(a), an adult member of the applicant’s immediate family may sign the application on the elector’s behalf.

(e)Any qualified bedridden or hospitalized veteran absent from the municipality of his residence and unable to attend his polling place because of such illness or physical disability, regardless of whether he is registered or enrolled, may apply at any time before any primary or election for an official absentee ballot on any official county board of election form addressed to the Secretary of the Commonwealth of Pennsylvania or the county board of elections of the county in which his voting residence is located.

The application shall contain the following information: Residence at the time of becoming bedridden or hospitalized, length of time a citizen, length of residence in Pennsylvania, date of birth, length of time a resident in voting district, voting district if known, party choice in case of primary, name and address of present residence or hospital at which hospitalized. When such application is received by the Secretary of the Commonwealth, it shall be forwarded to the proper county board of elections.

The application for an official absentee ballot for any primary or election shall be made on information supplied over the signature of the bedridden or hospitalized veteran as required in the preceding subsection. Any qualified registered elector, including a spouse or dependent referred to in subsection (l) of section 1301, who expects to be or is absent from the municipality of his residence because his duties, occupation or business require him to be elsewhere on the day of any primary or election and any qualified registered elector who is unable to attend his polling place on the day of any primary or election because of illness or physical disability and any qualified registered bedridden or hospitalized veteran in the county of residence, or in the case of a county employe who cannot vote due to duties on election day relating to the conduct of the election, or in the case of a person who will not attend a polling place because of the observance of a religious holiday, may apply to the county board of elections of the county in which his voting residence is located for an Official Absentee Ballot. Such application shall be made upon an official application form supplied by the county board of elections. Such official application form shall be determined and prescribed by the Secretary of the Commonwealth of Pennsylvania.

(e.1)Any qualified registered elector who is unable because of illness or physical disability to attend his polling place on the day of any primary or election or operate a voting machine and state distinctly and audibly that he is unable to do so as required by section 1218 of this act may at any time request, with the certification by his attending physician that he is permanently disabled and physically unable to attend the polls or operate a voting machine and make the distinct and audible statement required by section 1218 appended to the application hereinbefore required, to be placed on a permanently disabled absentee ballot list file. An absentee ballot application shall be mailed to every such person otherwise eligible to receive one, by the first Monday in February each year, or within forty-eight hours of receipt of the request, whichever is later, so long as he does not lose his voting rights by failure to vote as otherwise required by this act. Such person shall not be required to file a physician’s certificate of disability with each application as required in subsection (e) of this section. Should any such person lose his disability he shall inform the county board of elections of the county of his residence. An absentee ballot application mailed to an elector under this section, which is completed and timely returned by the elector, shall serve as an application for any and all primary, general or special elections to be held in the remainder of that calendar year and for all special elections to be held before the third Monday in February of the succeeding year. The transfer of a qualified registered elector on a permanently disabled absentee ballot list from one county to another county shall only be permitted upon the request of the qualified registered elector.

(e.2)Notwithstanding the other provisions of this act any qualified elector who expects to be or is absent from the municipality of his residence because his duties, occupation or business require him to be elsewhere on the day of any election or a county employe who cannot vote due to duties on election day relating to the conduct of the election or a person who will not attend a polling place because of the observance of a religious holiday may make an application for an absentee ballot by mail by sending a letter to the county board of elections in the county in which his voting residence is located. The letter shall be signed by the applicant and contain his name, place of residence and proof of identification.

(f)The county chairman of each political party or the head of each political body shall designate one representative from his respective political party or body for each public institution. The representatives so appointed shall, at the same time on a date fixed by the county board of election visit every public institution situate in the county for the purpose of obtaining the names and addresses of public institution residents who desire to receive applications for absentee ballots and to act as an election board as provided in subsection (g) of this section. The list of names and addresses thus obtained shall then be submitted by said representatives to the board which shall furnish applications individually to those appearing in the written request. If the chairman or head of a political party or body fails to appoint a representative within fifteen days from written notice from the county board of election, the county board of election shall appoint a representative from the political party or body.

(g)The county board of election shall appoint teams of three members for each public institution that shall go to the public institutions and hold the election on the first Friday prior to election day. Each member of the board shall appoint one member on every team. After the votes are cast, the teams shall collect the ballots and return them to the county board of election where they shall be placed unopened in a secure, safe and sealed container in the custody of the board until they shall be distributed to the respective absentee voters’ election district as provided in section 1308 of this act where they shall be counted with the other absentee ballots, if any.

(h)The county board of election shall number, in chronological order, the applications for an official absentee ballot, which number shall likewise appear on the official absentee ballot for the qualified elector. The numbers shall appear legibly and in a conspicuous place but before the ballots are distributed the number on the ballot shall be torn off by the county board of election. This number information shall be appropriately inserted and become a part of the Registered Absentee Voters File and the Military, Veterans and Emergency Civilian Absentee Voters File provided in section 1302.3 of this act.

(i)

(j)Notwithstanding the provisions of this section requiring proof of identification, a qualified absentee elector shall not be required to provide proof of identification if the elector is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an alternative ballot under the Voting Accessibility for the Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

(k)The Secretary of the Commonwealth may develop an electronic system through which all qualified electors may apply for an absentee ballot and request permanent absentee voter status under subsection (e.1), provided the system is able to capture a digitized or electronic signature of the applicant. A county board of elections shall treat any application or request received through the electronic system as if the application or request had been submitted on a paper form or any other format used by the county.

§ 3146.2a. Date of application for absentee ballot

(a)Except as provided in subsection (a.3), applications for absentee ballots shall be received in the office of the county board of elections not earlier than fifty (50) days before the primary or election, except that if a county board of elections determines that it would be appropriate to its operational needs, any applications for absentee ballots received more than fifty (50) days before the primary or election may be processed before that time. Applications for absentee ballots shall be processed if received not later than five o’clock P.M. of the first Tuesday prior to the day of any primary or election.

(a.1)(Deleted by amendment).

(a.2)(Deleted by amendment).

(a.3)

(b)In the case of an elector whose application for an absentee ballot is received by the office of the county board of elections earlier than fifty (50) days before the primary or election, the application shall be held and processed upon commencement of the fifty-day period or at such earlier time as the county board of elections determines may be appropriate.

(c)(Deleted by amendment).

(d)(Deleted by amendment).

§ 3146.2b. Approval of application for absentee ballot

(a)The county board of elections, upon receipt of any application filed by a qualified elector not required to be registered under preceding section 1301, shall ascertain from the information on such application, district register or from any other source that such applicant possesses all the qualifications of a qualified elector other than being registered or enrolled. If the board is satisfied that the applicant is qualified to receive an official absentee ballot, the application shall be marked approved such approval decision shall be final and binding except that challenges may be made only on the ground that the applicant did not possess qualifications of an absentee elector. Such challenges must be made to the county board of elections prior to the applicable deadline for the absentee ballots to be received, as provided in section 1308(g). When so approved, the county board of elections shall cause the applicant’s name and residence (and at a primary, the party enrollment) to be inserted in the Military, Veterans and Emergency Civilians Absentee Voters File as provided in section 1302.3, subsection (b): Providing, however, That no application of any qualified elector in military service shall be rejected for failure to include on the elector’s application any information if such information may be ascertained within a reasonable time by the county board of elections.

(b)The county board of elections, upon receipt of any application filed by a qualified elector who is entitled, under the provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting as provided under preceding section 1301, shall ascertain from the information on such application or from any other source that such applicant possesses all the qualifications of a qualified elector. If the board is satisfied that the applicant is entitled, under the provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting and that the applicant is qualified to receive an official absentee ballot, the application shall be marked “approved.” Such approval decision shall be final and binding except that challenges may be made only on the ground that the applicant did not possess the qualifications of an absentee elector prior to or concurrently with the time of voting. Such challenges must be made to the county board of elections prior to the applicable deadline for the absentee ballots to be received, as provided in section 1308(g). When so approved, the county board of elections shall cause the applicant’s name and residence (and at a primary, the party enrollment) to be inserted in the Military, Veterans and Emergency Civilian Absentee Voters File as provided in section 1302.3 subsection (b).

(c)The county board of elections, upon receipt of any application of a qualified elector required to be registered under the provisions of preceding section 1301, shall determine the qualifications of such applicant by verifying the proof of identification and comparing the information set forth on such application with the information contained on the applicant’s permanent registration card. If the board is satisfied that the applicant is qualified to receive an official absentee ballot, the application shall be marked “approved.” Such approval decision shall be final and binding, except that challenges may be made only on the ground that the applicant was not a qualified elector. Such challenges must be made to the county board of elections prior to five o’clock p.m. on the Friday prior to the election: Provided, however, That a challenge to an application for an absentee ballot shall not be permitted on the grounds that the elector used an application for an absentee ballot instead of an application for a mail-in ballot or on the grounds that the elector used an application for a mail-in ballot instead of an application for an absentee ballot.

(d)In the event that any application for an official absentee ballot is not approved by the county board of elections, the elector shall be notified immediately to that effect with a statement by the county board of the reasons for the disapproval. For those applicants whose proof of identification was not provided with the application or could not be verified by the board, the board shall send notice to the elector with the absentee ballot requiring the elector to provide proof of identification with the absentee ballot or the ballot will not be counted.

(e)[Repealed by amendment]

(f)Notwithstanding the provisions of this section, a qualified absentee elector shall not be required to provide proof of identification if the elector is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an alternative ballot under the Voting Accessibility for the Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

§ 3146.2c. Absentee and mail-in electors files and lists

(a)[Repealed by amendment]

(b)The county board of elections shall post in a conspicuous public place at its office a master list arranged in alphabetical order by election districts setting forth the name and residence, and at primaries, the party enrollment, of (1) every military elector to whom an absentee ballot is being sent, each such name to be prefixed with an “M”; (2) every bedridden or hospitalized veteran outside the county of his residence who is not registered and to whom an absentee ballot is being sent, each such name to be prefixed with a “V”; and (3) every registered elector who has filed his application for an absentee ballot too late for the extraction of his original registration card and to whom a ballot is being sent and every qualified elector who has filed his application for an absentee ballot and is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting, each such name to be prefixed with a “C.” This list shall be known as the Military, Veterans and Emergency Civilians Absentee Voters File for the Primary or Election of (date of primary or election) and shall be posted for a period commencing the Tuesday prior to the day of the primary or election until the day following the primary or election or the day on which the county board of elections certifies the returns of the primary or election, whichever date is later. Such file shall be open to public inspection at all times subject to reasonable safeguards, rules and regulations. This posted list shall not contain any military address or reference to any military organization. Upon written request, the county board shall furnish a copy of such list to any candidate or party county chairman.

(c)Not less than five days preceding the election, the chief clerk shall prepare a list for each election district showing the names and post office addresses of all voting residents thereof to whom official absentee or mail-in ballots shall have been issued. Each such list shall be prepared in duplicate, shall be headed “Persons in (give identity of election district) to whom absentee or mail-in ballots have been issued for the election of (date of election),” and shall be signed by him not less than four days preceding the election. He shall post the original of each such list in a conspicuous place in the office of the county election board and see that it is kept so posted until the close of the polls on election day. He shall cause the duplicate of each such list to be delivered to the judge of election in the election district in the same manner and at the same time as are provided in this act for the delivery of other election supplies, and it shall be the duty of such judge of election to post such duplicate list in a conspicuous place within the polling place of his district and see that it is kept so posted throughout the time that the polls are open. Upon written request, he shall furnish a copy of such list to any candidate or party county chairman.

§ 3146.3. Official absentee voters ballots

(a)In districts in which ballots are used, the ballots for use by such absentee electors under the provisions of this act shall be the official ballots printed in accordance with sections 1002 and 1003: Provided, however, That the county board of elections when preparing the official ballots for absentee electors shall be required to track the name of the applicant to which a ballot is being sent. The county board of elections shall also be required to print, stamp or endorse upon such official ballots the words, Official Absentee Ballot. Such ballots shall be distributed by such boards as hereinafter provided.

(b)In districts in which voting machines are used and in those districts in which paper ballots are used and the county board of elections therein do not print official absentee ballots in accordance with sections 1002 and 1003, the ballots for use by such absentee electors under the provisions of this act shall be prepared sufficiently in advance by the county board of elections and shall be distributed by such boards as hereinafter provided. Such ballots shall be marked official absentee ballot but shall not be numbered and shall otherwise be in substantially the form for ballots required by article ten of this act, which form shall be determined and prescribed by the secretary of the commonwealth.

(c)In districts in which electronic voting systems are utilized, the absentee ballot may be in the form of a ballot card which shall be clearly stamped on its face “Absentee Ballot.”

(d)In cases where there is not time to print on said ballots the names of the various candidates, the county board of elections shall print special write-in absentee ballots which shall be in substantially the form of other official absentee ballots except that such special write-in absentee ballots shall contain blank spaces only under the titles of such offices in which electors may insert, by writing or stamping, the names of the candidates for whom they desire to vote, and in such cases the county board of elections shall furnish to electors lists containing the names of all the candidates named in nomination petitions or who have been regularly nominated under the provisions of this act, for the use of such electors in preparing their ballots. Special write-in absentee ballots also shall include all constitutional amendments and other questions to be voted on by the electors.

(e)The official absentee voter ballot shall state that an elector who receives an absentee ballot pursuant to section 1301 and whose voted ballot is not timely received by the commission and who, on election day, is capable of voting at the appropriate polling place may only vote on election day by provisional ballot unless the elector brings the elector’s absentee ballot to the elector’s polling place, remits the ballot and the envelope containing the declaration of the elector to the judge of elections to be spoiled and signs a statement subject to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) to the same effect.

§ 3146.4. Envelopes for official absentee ballots

The county boards of election shall provide two additional envelopes for each official absentee ballot of such size and shape as shall be prescribed by the Secretary of the Commonwealth, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed, stamped or endorsed the words “Official Election Ballot,” and nothing else. On the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of the declaration of the elector, and the name and address of the county board of election of the proper county. The larger envelope shall also contain information indicating the local election district of the absentee voter. Said form of declaration and envelope shall be as prescribed by the Secretary of the Commonwealth and shall contain among other things a statement of the electors qualifications, together with a statement that such elector has not already voted in such primary or election. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, lists of candidates, when authorized by section 1303 subsection (b) of this act, the uniform instructions in form and substance as prescribed by the Secretary of the Commonwealth and nothing else.

§ 3146.5. Delivering or mailing ballots

(a)The county board of elections upon receipt and approval of an application filed by any elector qualified in accordance with the provisions of section 1301, subsections (a) to (h), inclusive, shall not later than fifty days prior to the day of the primary or not later than seventy days prior to the day of the election commence to deliver or mail to such elector who has included with said application a statement that he or she is unable to vote during the regular absentee balloting period by reason of living or performing military service in an extremely remote or isolated area of the world, and not later than forty-five days prior to the day of the primary or election commence to deliver or mail to all other such electors as provided for in section 1301, subsections (a) to (h), inclusive, official absentee ballots or special write-in absentee ballots as prescribed by subsection (d) of section 1303 when official absentee ballots are not yet printed; as additional applications of such electors are received, the board shall deliver or mail official absentee ballots or special write-in absentee ballots when official absentee ballots are not yet printed to such additional electors within forty-eight hours after approval of their application. If the calling of a special election would make it impossible to comply with the forty-five day delivery or mailing requirement of this section, then the county board of elections shall mail absentee ballots or special write-in absentee ballots within five days of the county board’s receipt of the information necessary to prepare said ballots.

(b)

(c)Notwithstanding the provisions of this section, a qualified absentee elector shall not be required to provide proof of identification if the elector is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an alternative ballot under the Voting Accessibility for the Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

§ 3146.5a. Notice to county board of elections

(a)At least fifty days prior to a primary, the Secretary of the Commonwealth shall transmit to the county board of elections a list of candidates who have filed a nominating petition with him and who are not known to have withdrawn or been disqualified, conforming, to the extent possible, with the requirements of section 916.

(b)At least seventy days prior to an election, the Secretary of the Commonwealth shall transmit to the county board of elections a list, as he knows it to exist at that time, of candidates to be voted on in the county at the election, as well as a copy of all constitutional amendments and other questions to be voted on at such election, together with a statement of the form in which they are to be placed on the ballot, conforming to the extent possible with the requirements of section 984.

§ 3146.6. Voting by absentee electors

(a)Except as provided in paragraphs (2) and (3), at any time after receiving an official absentee ballot, but on or before eight o’clock P.M. the day of the primary or election, the elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed “Official Election Ballot.” This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector’s county board of election and the local election district of the elector. The elector shall then fill out, date and sign the declaration printed on such envelope. Such envelope shall then be securely sealed and the elector shall send same by mail, postage prepaid, except where franked, or deliver it in person to said county board of election.

(b)

(c)Except as provided under 25 Pa.C.S. § 3511 (relating to receipt of voted ballot), a completed absentee ballot must be received in the office of the county board of elections no later than eight o’clock P.M. on the day of the primary or election.

§ 3146.6a. Assistance in voting by certain absentee electors

Any elector qualified to vote an official absentee ballot in accordance with the provisions of section 1301, subsection (k), may receive assistance in voting (1) if there is recorded on his registration card his declaration that he has a physical disability which renders him unable to see or mark the official absentee ballot, the exact nature of such disability being recorded on such registration card; (2) if such elector requiring assistance submits with his application for an official absentee ballot, a statement setting forth the precise nature of the disability which renders him unable to see or mark the official absentee ballot and that to the best of his knowledge and belief he will still suffer from the said physical disability at the time of voting his official absentee ballot. He shall acknowledge the same before an officer qualified to take acknowledgement of deeds. Such statement shall be in substantially the following form:

Statement of Absentee Elector Requiring Assistance

.

On this ……… day of ………., 19…., before me, ……………….., the undersigned officer personally appeared ……………….., known to me (or satisfactorily proven) to be the person whose signature or mark appears on the within instrument and acknowledged the same for the purposes therein contained.

In witness whereof, I have hereunto set my hand and official seal

.

Upon receipt of the official absentee ballot, such elector requiring assistance may select a person to assist him in voting, such assistance to be rendered in secret: Provided, however, That the person rendering assistance may not be the elector’s employer or an agent of the employer or an officer or agent of the elector’s union. The person rendering the assistance in voting shall complete, date and sign the declaration in such form approved by the Secretary of the Commonwealth, or substantially in the form as set forth below, that the person has caused the elector’s ballot to be marked in accordance with such elector’s desires and instruction. Such declaration form shall be returned to the county board of elections in the mailing envelope addressed to the county board of elections within which the small “official absentee ballot” is returned.

Declaration of Person Rendering Assistance

.

§ 3146.7. Certain electors voting in districts of residence

(a)Whenever any qualified elector in actual military service is present in his voting district of residence on any primary, special, municipal or general election day and has not already voted in such election, he may apply in person at the office of the county board of election of the county of his residence and he shall then and there execute his application for an official absentee ballot.

(b)

(c)Upon receiving an official absentee ballot and envelopes therefor, he shall, in secret, in the office of the county board of elections vote the ballot and execute the declaration as prescribed by this act. The elector shall then securely seal the second envelope and hand it to the chief clerk of the county board of election who shall securely keep same in accordance with the provisions of section 1308.

§ 3146.8. Canvassing of official absentee ballots and mail-in ballots

(a)The county boards of election, upon receipt of official absentee ballots in sealed official absentee ballot envelopes as provided under this article and mail-in ballots as in sealed official mail-in ballot envelopes as provided under Article XIII-D, shall safely keep the ballots in sealed or locked containers until theyare to be canvassed by the county board of elections. An absentee ballot, whether issued to a civilian, military or other voter during the regular or emergency application period, shall be canvassed in accordance with subsection (g). A mail-in ballot shall be canvassed in accordance with subsection (g).

(b)Watchers shall be permitted to be present when the envelopes containing official absentee ballots and mail-in ballots are opened and when such ballots are counted and recorded.

(b.1)(Deleted by amendment).

(c)Deleted by 1968, Dec. 11, P.L. 1183, No. 375, § 8.

(d)Whenever it shall appear by due proof that any absentee elector or mail-in elector who has returned his ballot in accordance with the provisions of this act has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be rejected by the canvassers but the counting of the ballot of an absentee elector or a mail-in elector thus deceased shall not of itself invalidate any nomination or election.

(e)(Deleted by amendment).

(f)Any person challenging an application for an absentee ballot, an absentee ballot, an application for a mail-in ballot or a mail-in ballot for any of the reasons provided in this act shall deposit the sum of ten dollars ($10.00) in cash with the county board, which sum shall only be refunded if the challenge is sustained or if the challenge is withdrawn within five (5) days after the primary or election. If the challenge is dismissed by any lawful order then the deposit shall be forfeited. The county board shall deposit all deposit money in the general fund of the county.

Notice of the requirements of subsection (b) of section 1306 shall be printed on the envelope for the absentee ballot or mail-in ballot.

(g)

(h)For those absentee ballots or mail-in ballots for which proof of identification has not been received or could not be verified:

(i)Notwithstanding the provisions of this section, a qualified absentee elector shall not be required to provide proof of identification if the elector is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an alternative ballot under the Voting Accessibility for the Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

§ 3146.9. Public records

(a)All official absentee ballots, files, applications for such ballots and envelopes on which the executed declarations appear, and all information and lists are hereby designated and declared to be public records and shall be safely kept for a period of two years, except that no proof of identification shall be made public, nor shall information concerning a military elector be made public which is expressly forbidden by the Department of Defense because of military security.

(b)For each election, the county board shall maintain a record of the following information, if applicable, for each elector who makes application for an absentee ballot:

(c)The county board shall compile the records listed under subsection (b) and make the records publicly available upon request within forty-eight hours of the request.

ARTICLE XIII-A. VOTING BY BEDRIDDEN OR HOSPITALIZED VETERANS [REPEALED]

§§ 3148.1 to 3148.8. Repealed by 1963, Aug. 13, P.L. 707, § 26, effective Jan. 1, 1964

ARTICLE XIII-B. ABSENTEE VOTING [REPEALED]

§§ 3149.1 to 3149.8. Repealed by 1963, Aug. 13, P.L. 707, § 26, effective Jan. 1, 1964

ARTICLE XIII-C. STATEWIDE UNIFORM REGISTRY OF ELECTORS ADVISORY BOARD

§ 3150.1. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Department.” The Department of State of the Commonwealth.

“Secretary.” The Secretary of the Commonwealth.

“Statewide Uniform Registry of Electors” or “SURE system.” The integrated voter registration system of all registered electors in this Commonwealth established in 25 Pa.C.S. Ch. 12 Subch. B (relating to Statewide Uniform Registry of Electors (SURE)).

§ 3150.2. SURE System Advisory Board

(a) ESTABLISHMENT.—The secretary shall form an advisory board to confer with the department regarding the SURE system.

(b) COMPOSITION.—The advisory board shall be comprised of six directors of elections who have been appointed as follows:

(c) TERMS.—The term of office of each member of the advisory board shall be coterminous with the term of the authority appointing that member.

ARTICLE XIII-D. VOTING BY QUALIFIED MAIL-IN ELECTORS

§ 3150.11. Qualified mail-in electors

(a) General rule. A qualified mail-in elector shall be entitled to vote by an official mail-in ballot in any primary or election held in this Commonwealth in the manner provided under this article.

(b) Construction. The term “qualified mail-in elector” shall not be construed to include a person not otherwise qualified as a qualified elector in accordance with the definition in section 102(t).

§ 3150.12. Applications for official mail-in ballots

(a) General rule. A qualified elector under section 1301-D may apply at any time before any primary or election for an official mail-in ballot in person or on any official county board of election form addressed to the Secretary of the Commonwealth or the county board of election of the county in which the qualified elector’s voting residence is located.

(b) Content. The following shall apply:

(c) Signature required. Except as provided in subsection (d), the application of a qualified elector under section 1301-D for an official mail-in ballot in any primary or election shall be signed by the applicant.

(d) Signature not required. If any elector entitled to a mail-in ballot under this section is unable to sign the application because of illness or physical disability, the elector shall be excused from signing upon making a statement which shall be witnessed by one adult person in substantially the following form:

(e) Numbering. The county board of elections shall number, in chronological order, the applications for an official mail-in ballot, which number shall likewise appear on the official mail-in ballot for the qualified elector. The numbers shall appear legibly and in a conspicuous place but before the ballots are distributed, the number on the ballot shall be torn off by the county board of election. The number information shall be appropriately inserted and become a part of the Registered Absentee and Mail-in Voters File provided under section 1302.3.

(f) Form. Application for an official mail-in ballot shall be on physical and electronic forms prescribed by the Secretary of the Commonwealth. The application shall state that a voter who applies for a mail-in ballot under section 1301-D shall not be eligible to vote at a polling place on election day unless the elector brings the elector’s mail-in ballot to the elector’s polling place, remits the ballot and the envelope containing the declaration of the elector to the judge of elections to be spoiled and signs a statement subject to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) to the same effect. The physical application forms shall be made freely available to the public at county board of elections, municipal buildings and at other locations designated by the Secretary of the Commonwealth. The electronic application forms shall be made freely available to the public through publicly accessible means. No written application or personal request shall be necessary to receive or access the application forms. Copies and records of all completed physical and electronic applications for official mail-in ballots shall be retained by the county board of elections.

(g) Permanent mail-in voting list.

§ 3150.12a. Date of application for mail-in ballot

(a) General rule. —Applications for mail-in ballots shall be received in the office of the county board of elections not earlier than 50 days before the primary or election, except that if a county board of elections determines that it would be appropriate to the county board of elections’ operational needs, any applications for mail-in ballots received more than 50 days before the primary or election may be processed before that time. Applications for mail-in ballots shall be processed if received not later than five o’clock P.M. of the first Tuesday prior to the day of any primary or election.

(b) Early applications. —In the case of an elector whose application for a mail-in ballot is received by the office of the county board of elections earlier than 50 days before the primary or election, the application shall be held and processed upon commencement of the 50-day period or at such earlier time as the county board of elections determines may be appropriate.

§ 3150.12b. Approval of application for mail-in ballot

(a) Approval process. The county board of elections, upon receipt of any application of a qualified elector under section 1301-D, shall determine the qualifications of the applicant by verifying the proof of identification and comparing the information provided on the application with the information contained on the applicant’s permanent registration card. The following shall apply:

(b) Duties of county boards of elections and registration commissions. The duties of the county boards of elections and the registration commissions with respect to the insertion of the mail-in voter’s record shall include only the applications as are received on or before the first Tuesday prior to the primary or election.

(c) Notice. In the event that an application for an official mail-in ballot is not approved by the county board of elections, the elector shall be notified immediately with a statement by the county board of the reasons for the disapproval. For applicants whose proof of identification was not provided with the application or could not be verified by the board, the board shall send notice to the elector with the mail-in ballot requiring the elector to provide proof of identification with the mail-in ballot or the ballot will not be counted.

(d) Temporary registration card. [Repealed by amendment]

§ 3150.12c. Mail-in electors files and lists [Repealed]

§ 3150.13. Official mail-in elector ballots

(a) General rule. In election districts in which ballots are used, the ballots for use by mail-in voters under this act shall be the official ballots printed in accordance with sections 1002 and 1003.

(a.1) Duties of county boards of elections. The county board of elections, when preparing the official ballots for mail-in voters, shall be required to indicate on the voter’s record the identification number of specific ballot envelope into which the voter’s ballot is inserted. The county board of elections shall also print, stamp or endorse on the official ballots the words, “Official Mail-in Ballot.” The ballots shall be distributed by a board as provided under this section.

(b) Preparation of ballots. In election districts in which voting machines are used and in election districts in which paper ballots are used, the county board of elections in that election district will not print official mail-in ballots in accordance with sections 1002 and 1003. The ballots for use by mail-in voters under this section shall be prepared sufficiently in advance by the county board of elections and shall be distributed by the boards as provided under this act. The ballots shall be marked “Official Mail-in Ballot” but shall not be numbered and shall otherwise be in substantially the form for ballots required by Article X, which form shall be prescribed by the Secretary of the Commonwealth.

(c) Use of ballot cards. In election districts in which electronic voting systems are utilized, the mail-in ballot may be in the form of a ballot card which shall be clearly stamped on the ballot card’s face “Mail-in Ballot.”

(d) Special write-in mail-in ballots. In cases where there is not time to print on the ballots the names of the various candidates, the county board of elections shall print special write-in mail-in ballots which shall be in substantially the form of other official mail-in ballots, except that the special write-in mail-in ballots shall contain blank spaces only under the titles of the offices in which electors may insert by writing or stamping the names of the candidates for whom they desire to vote, and in those cases, the county board of elections shall furnish to electors lists containing the names of all the candidates named in nomination petitions or who have been regularly nominated under the provisions of this act, for the use of the electors in preparing their ballots. Special write-in mail-in ballots shall include all constitutional amendments and other questions to be voted on by the electors.

(e) Notice. The official mail-in voter ballot shall state that a voter who receives a mail-in ballot under section 1301-D and whose voted mail-in ballot is not timely received may only vote on election day by provisional ballot unless the elector brings the elector’s mail-in ballot to the elector’s polling place, remits the ballot and the envelope containing the declaration of the elector to the judge of elections to be spoiled and signs a statement subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) to the same effect.

§ 3150.14. Envelopes for official mail-in ballots

(a) Additional envelopes. The county boards of election shall provide two additional envelopes for each official mail-in ballot of a size and shape as shall be prescribed by the Secretary of the Commonwealth, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed, stamped or endorsed the words “Official Election Ballot,” and nothing else. On the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of the declaration of the elector and the name and address of the county board of election of the proper county. The larger envelope shall also contain information indicating the local election district of the mail-in voter.

(b) Form of declaration and envelope. The form of declaration and envelope shall be as prescribed by the Secretary of the Commonwealth and shall contain, among other things, a statement of the elector’s qualifications, together with a statement that the elector has not already voted in the primary or election.

(c) Mailing envelope. The mailing envelope addressed to the elector shall contain the two envelopes, the official mail-in ballot, lists of candidates, when authorized by section 1303-D(b), the uniform instructions in form and substance as prescribed by the Secretary of the Commonwealth and nothing else.

(d) Notice. Notice of the requirements under section 1306-D shall be printed on the envelope for the mail-in ballot.

§ 3150.15. Delivering or mailing ballots

The county board of elections, upon receipt and approval of an application filed by a qualified elector under section 1301-D, shall commence to deliver or mail official mail-in ballots as soon as a ballot is certified and the ballots are available. While any proceeding is pending in a Federal or State court which would affect the contents of any ballot, the county board of elections may await a resolution of that proceeding but in any event, shall commence to deliver or mail official mail-in ballots not later than the second Tuesday prior to the primary or election. For applicants whose proof of identification was not provided with the application or could not be verified by the board, the board shall send the notice required under section 1302.2-D(c) with the mail-in ballot. As additional applications are received and approved, the board shall deliver or mail official mail-in ballots to the additional electors within 48 hours.

§ 3150.16. Voting by mail-in electors

(a) General rule. At any time after receiving an official mail-in ballot, but on or before eight o’clock P.M. the day of the primary or election, the mail-in elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed “Official Election Ballot.” This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector’s county board of election and the local election district of the elector. The elector shall then fill out, date and sign the declaration printed on such envelope. Such envelope shall then be securely sealed and the elector shall send same by mail, postage prepaid, except where franked, or deliver it in person to said county board of election.

(a.1) Signature. Any elector who is unable to sign the declaration because of illness or physical disability, shall be excused from signing upon making a declaration which shall be witnessed by one adult person in substantially the following form:

(b) Eligibility.

(c) Deadline. Except as provided under 25 Pa.C.S. § 3511 (relating to receipt of voted ballot), a completed mail-in ballot must be received in the office of the county board of elections no later than eight o’clock P.M. on the day of the primary or election.

§ 3150.17. Public records

(a) General rule. All official mail-in ballots, files, applications for ballots and envelopes on which the executed declarations appear, and all information and lists are designated and declared to be public records and shall be safely kept for a period of two years, except that no proof of identification shall be made public, nor shall information concerning a military elector be made public which is expressly forbidden by the Department of Defense because of military security.

(b) Record. For each election, the county board shall maintain a record of the following information, if applicable, for each elector who makes application for a mail-in ballot:

(c) Compilation. The county board shall compile the records listed under subsection (b) and make the records publicly available upon request within 48 hours of the request.

§ 3150.18. Violation of provisions relating to mail-in voting [Repealed]

ARTICLE XIII-E. PENNSYLVANIA ELECTION LAW ADVISORY BOARD

§ 3150.21. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Board.” The Pennsylvania Election Law Advisory Board established under section 1302-E(a).

§ 3150.22. Pennsylvania Election Law Advisory Board

(a) Establishment. The Pennsylvania Election Law Advisory Board is established within the Joint State Government Commission.

(b) Members. The board shall be comprised of the following members:

(c) Duties. The board shall have the following duties:

(d) Quorum. A majority of appointed members shall constitute a quorum for the purpose of conducting business.

(e) Chairperson and vice chairperson. The members shall select a member to be chairperson and another member to be vice chairperson.

(f) Transparency and ethics. The board shall be subject to the following laws:

(g) Information gathering. The board may conduct hearings and otherwise gather relevant information and analysis that it considers appropriate and necessary to fulfill its duties.

(h) Reimbursement. Members of the board shall be reimbursed for reasonable expenses.

ARTICLE XIV. RETURNS OF PRIMARIES AND ELECTIONS

§ 3151. Offices of county boards to remain open during primaries and elections and until completion of count; reports and returns to be made public

Each county board of elections shall cause its office to remain open, in charge of one or more members of the board, during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the county elections board, or received in such other place as has been designated by the board.

§ 3152. Returns to be open to public inspection; exceptions

(a)The general returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the county board as soon as they are received from the judges of election. None of the envelopes sealed by election officers and entrusted to the judge of election for delivery to the county board shall be opened by any person, except by the order of the return board, or of the court of common pleas.

(b)The county board shall submit returns received under subsection (a) to the Department of State for each office for which a candidate must file a nomination petition with the Secretary of the Commonwealth by three o’clock A. M. on the day following the election. The submission shall be by telephone, facsimile or the World Wide Web site or by any other manner required by the secretary.

§ 3153. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn

(a)The county board of elections shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at its office or at some other convenient public place at the county seat with adequate accommodations for the watchers and attorneys authorized by this act to be present, who shall be permitted to keep or check their own computation of the votes cast in the several election districts as the returns from the same are read, as hereinafter directed. The county board shall give at least one week’s previous notice by newspaper publication, as provided by section 106 of this act, of the time and place when and where the board will commence and hold its sessions for the computation and canvassing of the returns, and keep copies of such advertisement posted in its office during said period. The county board shall also prepare a sufficient number of blank forms of returns made out in proper manner, and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any political district therein, according to the returns from the several election districts thereof, for any person voted for therein, or upon any question voted upon therein. All the clerks of the county board and other persons designated to assist in the computation and canvassing of the votes shall be first sworn to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently.

(b)If any member of the county board of any county shall be a candidate for any nomination or election to public office, he shall not act as a member of said board for the computation and canvassing of returns, but the other members, if qualified, and if both such remaining members are not of the same political party affiliation, shall act; and in case in any county there are not at least a majority of the members of said board so qualified, two (2) or more judges of the court of common pleas shall be designated by said court to act as a return board provided that neither of them is a candidate for any nomination or election to public office; and if there shall be only one judge of such court in such county or if less than two (2) judges are qualified and able to act in such county, any judge who is qualified may act alone, and if there be none qualified, the following county officers, in order named, not being candidates for any nomination or election to any public office, shall act as the return board: the prothonotary, sheriff, county treasurer, clerk of the orphans’ court, clerk of oyer and terminer and quarter sessions court, register of wills and the recorder of deeds. If none of the above officers can qualify, the president judge of the court of common pleas in such county shall make a written request to the Chief Justice of the Supreme Court for the assignment of a judge from another judicial district, who shall act as the return board. The county solicitor shall serve as counsel for the return board in the several counties of the Commonwealth and shall receive no additional compensation therefor in addition to his compensation as county solicitor.

§ 3154. Computation of returns by county board; certification; issuance of certificates of election

(a)The county board shall, at nine o’clock A. M. on the third day following the primary or election, at its office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by section 1403, publicly commence the computation and canvassing of the returns, and continue the same from day to day until completed, in the manner hereinafter provided. For this purpose any county board may organize itself into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various districts of the county in the manner provided by this section. Upon the completion of such computation and canvassing, the board shall tabulate the figures for the entire county and sign, announce and attest the same, as required by this section.

(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 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.

(c)The county board shall first publicly account for all extra official ballots printed under the provisions of section 1007 of this act. The general returns made by the election officers from the various election districts shall then be read one after another in the usual order, slowly and audibly, by one of the clerks who shall, in each case of a return from a district in which ballots were used, read therefrom the number of ballots (in the case of primaries the number of ballots of each party) issued, spoiled and cancelled, and cast, respectively, whereupon the clerk having charge of the records of the county board showing the number of ballots furnished for each election district, including the number of extra official ballots as provided by section 1007 of this act as so furnished, and the number of unused ballots and spoiled and cancelled ballots returned, shall publicly announce the number of the same respectively, and unless it appears by said number or calculations therefrom that said records, and the said general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the county board. In the case of districts in which voting machines are used, there shall be read from the general return the identifying number or other designation of each voting machine used, the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after close of the same, whereupon the clerk having charge of the records of the county board showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place, shall publicly announce the numbers so registered, and unless it appears that the said records, and the said general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the county board.

(d)

(e) PROVISION FOR RECOUNT OR RECANVASS OF VOTE.—Whenever it shall appear that there is a discrepancy in the returns of any election district, or, upon petition of three voters of any district, verified by affidavit, that an error, although not apparent on the face of the returns, has been committed therein, or of its own motion or under subsection (g), the county board shall at any time prior to the completion of the computation of all of the returns for the county, summon the election officers of the district, and said officers, in the presence of said board, shall conduct a recount or recanvass of all ballots cast. Before making such recount or recanvass, the said board shall give notice in writing to the proper custodian of voting machines, and to each candidate, and to the county chairman of each party or political body, affected by the recount or recanvass; and each such candidate may be present in person, or by attorney, and each of such parties, or bodies, may send two representatives to be present at such recount or recanvass.

(f)As the returns from each election district are read, computed and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced and attested by the clerks who made and computed the entries respectively and signed by the members of the county board. Returns under this subsection shall be considered unofficial for five (5) days. The county board shall submit the unofficial returns to the Secretary of the Commonwealth by five o’clock P. M. on the Tuesday following the election. The submission shall be as directed by the secretary for public office which appears on the ballot in every election district in this Commonwealth or for a ballot question which appears on the ballot in every election district in this Commonwealth. At the expiration of five (5) days after the completion of the computation of votes, in case no petition for a recount or recanvass has been filed in accordance with the provisions of this act, or upon the completion of the recount or recanvass if a petition therefor has been filed within five (5) days after the completion of the computation of votes, the county board shall certify the returns so computed in said county in the manner required by this act, unless upon appeals taken from any decision, the court of common pleas shall have directed any returns to be revised, or unless in case of a recount, errors in the said returns shall have been found, in which case said returns shall be revised, corrected and certified accordingly. The county board shall thereupon, in the case of elections, issue certificates of election to the successful candidates for all county, city, borough, township, ward, school district, poor district and election offices, and local party offices to be filled by the votes of the electors of said county, or of any part thereof.

(g)This subsection relates to recounts and recanvasses ordered by the secretary.

(h)A recount and recanvass shall not be ordered under subsection (g) (1)(i) if the defeated candidate requests in writing that a recount and recanvass not be made. A request under this subsection must be made by 12 o’ clock noon on the second Wednesday following the election.

§ 3155. Manner of computing irregular ballots

The county board, in computing the votes cast at any primary or election, shall compute and certify votes cast on irregular ballots exactly as such names were written, stamped or deposited in or on receptacles for that purpose, and as they have been so returned by the election officers. In districts in which paper ballots or ballots cards are electronically tabulated, stickers or labels may not be used to mark ballots. A vote cast by means of a sticker or label affixed to a ballot or ballot card shall be void and may not be counted. In the primary the Secretary of the Commonwealth shall not certify the votes cast on irregular ballots for any person for a National office including that of the President of the United States, United States Senator and Representative in Congress; or for any State office including that of Governor and Lieutenant Governor, Auditor General, State Treasurer, Senator and Representative in the General Assembly, justices and judges of courts of record or for any party office including that of delegate or alternate delegate to National conventions and member of State committee unless the total number of votes cast for said person is equal to or greater than the number of signatures required on a nomination petition for the particular office. In the primary the county board shall not certify the votes cast on irregular ballots for any person for a justice of the peace, constable, National, State, county, city, borough, town, township, ward, school district, election or local party office unless the total number of votes cast for said person is equal to or greater than the number of signatures required on a nomination petition for the particular office.

§ 3156. Petition to establish identity by candidate nominated under different names; cumulation prohibited

Any person who has been nominated at a primary election by more than one party for the same office under different names may, at any time not later than five (5) days after the certification by the county board of the votes cast at a primary election, present a petition to the court of common pleas of the proper county, praying for an order declaring such petitioner by his true name to be the person who was thus nominated by more than one party under different names. If the court shall determine that the different names so appearing on the returns of the primary represent one and the same person, the court shall enter an order finding said fact and directing the county board to revise its return accordingly. No such order shall be entered by any court, unless notice of the filing of said petition shall first have been given to the county board, and to all the other candidates who appear to have been nominated for the same office, in such manner as the court may, by its order, direct, which notice shall specify the time and place of the hearing on said petition. Upon the filing of any such petition, said court shall proceed to hear said matter due without delay, having due regard to the proximity of the ensuing election. Immediately upon the entry of any order as aforesaid, a certified copy thereof shall be served on the county board, which shall correct and revise its returns accordingly. No candidate for public office at any November election whose name, for any reason, is printed more than once for the same office on any ballot at any general, municipal or special election, shall be entitled to have cumulated, either by the election officers, by the county board, or by any court, the votes cast after such different names.

§ 3157. Appeals to court from decisions of the county board

(a)Any person aggrieved by any order or decision of any county board regarding the computation or canvassing of the returns of any primary or election, or regarding any recount or recanvass thereof under sections 1701, 1702 and 1703 of this act, may appeal therefrom within two days after such order or decision shall have been made, whether then reduced to writing or not, to the court specified in this subsection, setting forth why he feels that an injustice has been done, and praying for such order as will give him relief. If a recount or recanvass is made under section 1404(g), the appeal must be made to Commonwealth Court. Unless a recount or recanvass is made under section 1404(g), the appeal must be made to the court of common pleas of the proper county. Upon the payment to the prothonotary of a fee for filing such appeal, a judge of the court shall fix a time and place for hearing the matter in dispute within three days thereafter, of which due notice shall be served, with a copy of such appeal, by the appellant upon a member of the county board whose action is complained of and upon every attorney, watcher or candidate who opposed the contention of the appellant before the county board, and upon any other person that the judge shall direct, at least two days before the matter shall be reviewed by the court. Proof of such notice or the waiver thereof must be filed therein before any appeal is sustained.

(b)The court on an appeal shall have full power and authority to hear and determine all matters pertaining to any fraud or error committed in any election district to which such appeal relates, and to make such decree as right and justice may require. Pending such appeal, the county board shall suspend any official certification of the votes cast in such election district. None of the orders or decisions of either the county board or the court of common pleas on appeal shall be deemed a final adjudication regarding the results of any primary or election, so as to preclude any contest thereof. No appeal shall be allowed or granted from any order or decree of the court of common pleas made in pursuance of this section. The court of common pleas, upon any appeal under this section, may compel the appellant or any opposing party, other than the county board, to pay all the witness fees, if any, or other legal costs of the hearing, which costs may be taxed by the prothonotary in the usual manner.

§ 3158. Copy of certified returns to be filed; copy to be forwarded to the Secretary of the Commonwealth; duplicate copies

After the certification of the returns of any primary or election, as provided by section 1404 of this act, the county board shall retain in its office one copy of the returns so certified. In the case of elections of presidential electors, United States Senators, Representatives in Congress, Governor, Lieutenant Governor, Auditor General, State Treasurer and Secretary of Internal Affairs, Judges of the Supreme Court, Judges of the Superior Court and judges of other courts of record, including associate judges, senators and representatives in the General Assembly, a separate certificate, showing totals of the returns cast for each of such offices respectively, shall also be forwarded by the county board to the Secretary of the Commonwealth on forms furnished by the Secretary of the Commonwealth.

§ 3159. Secretary of the Commonwealth to tabulate, compute and canvass returns

Upon receiving the certified returns of any primary or election from the various county boards, the Secretary of the Commonwealth shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates enumerated in section 1408, and upon all questions voted for by the electors of the State at large, and shall thereupon certify and file in his office the tabulation thereof.

§ 3160. Returns of local officers voted for in two or more counties; certificates of election; returns of county and local officers commissioned by Governor to be transmitted to Governor; commissions; contests

(a)In the case of any city, borough, township, ward, school district, or poor district office, or of the submission of any question to the electors, voted for or upon by the electors of two or more counties or parts of counties, the county election board, in each of the counties in which such municipality is located, shall certify to the county board of the county in which reside the majority of registered electors of such city, borough, township, ward, school district or poor district, the return of the vote cast for such officers or upon such questions. After completing the tabulation of such returns, the return board of said county shall issue certificates of election to the successful candidates. In case of any county, borough, city or township officer who is by law required to be commissioned by the Governor, the said return board shall also transmit a certified copy of such return to the Secretary of the Commonwealth, who shall forthwith lay the results of such election before the Governor.

(b)In case of the election of judge of a court of record, prothonotary, clerk of the courts, recorder of deeds, register of wills, or any other officer required by law to be commissioned by the Governor in any of the several counties of this Commonwealth, it shall be the duty of the county elections board to transmit immediately to the Secretary of the Commonwealth a certified copy of the returns for all such offices. The Secretary of the Commonwealth shall forthwith lay the return so made before the Governor, and the Governor shall issue a commission to any persons elected to said offices, notwithstanding that the election of such person to any or either of said offices may be contested in the manner provided by this act.

(c)Whenever it shall appear by the decision of the proper tribunal having jurisdiction of a contested election, that the person to whom said commission shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear to be legally elected to said office, the issuing of which commission shall nullify and make void the commission already issued, and all power and authority under said commission first issued shall thereupon cease and determine.

§ 3161. Secretary of the Commonwealth to certify votes of National Delegates and members of State Committee

Following his tabulation of the returns received from each Spring primary, the Secretary of the Commonwealth shall issue certificates of election to the persons in each political party who have been duly elected delegates or alternate delegates to the National convention of each party, and to the persons in each party who have been duly elected members of the National Committee or the State committee of each party. In the case of delegates or alternate delegates to a National party convention, the certificates of election shall show the number of votes received in the State or in the political district, as the case may be, by each candidate of such delegate’s or alternate delegate’s political party for nomination as President of the United States. The Secretary of the Commonwealth shall also certify to the State chairman of each party the votes cast for each candidate for the office of member of State committee of each party.

§ 3162. Secretary of the Commonwealth to certify presidential votes by congressional districts

The Secretary of the Commonwealth, following his tabulation of the returns from each such Spring primary held in years in which candidates for President of the United States are to be nominated, shall prepare a statement from the said returns, showing the total number of votes cast in the State and in each congressional district of the State for each political party for nomination as President of the United States.

§ 3163. United States Senators, Representatives in Congress; certificates of election; returns

Upon completing the tabulation of any election for United States Senator or Representative in Congress, the Secretary of the Commonwealth shall lay the same before the Governor, who shall immediately issue certificates of election under the seal of the Commonwealth, duly signed by himself, and attested by the Secretary of the Commonwealth, and deliver the same to the candidates receiving the highest number of votes for the respective offices. The Governor shall also transmit the returns of such election to the President of the United States Senate, in the case of the election of a United States Senator, and to the Speaker of the House of Representatives of the United States, in the case of the election of representatives in Congress.

§ 3164. Members of the General Assembly; certificates of election; returns

The Secretary of the Commonwealth shall issue certificates of election to the persons elected members of the Senate and House of Representatives of the Commonwealth, and between the hours of twelve noon and one P.M. on the first Tuesday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective houses: Provided, however, That if the General Assembly shall be convened in extraordinary session during the month of December next following their election, the said returns shall be presented as aforesaid, on the first day of said extraordinary session. In case of a special election occurring during a session of the General Assembly, he shall present the returns thereof to the proper House as soon as received and tabulated by him.

§ 3165. Governor and other State officers; Judges; certificates of election; commissions

The Secretary of the Commonwealth, at the first meeting of the General Assembly following the election of a Governor, Lieutenant Governor, Secretary of Internal Affairs, Auditor General or State Treasurer, shall deliver to the President of the Senate the returns of elections for all such offices, who shall open and publish them in the presence of members of both houses of the General Assembly. The person receiving the highest number of votes for the respective offices shall be declared elected thereto, and certificates of such elections shall be made and filed with the Secretary of the Commonwealth. The Secretary of the Commonwealth shall immediately lay before the Governor such certificates of election, except the certificate of election of Governor, whereupon the Governor shall issue a commission to each person so elected. The Secretary of the Commonwealth shall immediately after tabulating and computing the returns of each election of Judge of every court, certify the result thereof to the Governor, who shall immediately issue a commission to such person.

§ 3166. Presidential electors; certificates of persons elected

The Secretary of the Commonwealth, on receiving and computing the returns of the election of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes given for each person so voted for, and shall cause a certificate of election to be delivered to each person so chosen.

§ 3167. Persons receiving highest number of votes to be declared elected

Except as otherwise provided by law, the persons receiving the highest number of votes for any office at any election shall be declared elected to such office, up to the number required by law to be elected thereto.

§ 3168. Tie votes

In the case of a tie vote not otherwise provided for by law, the candidates receiving the tie vote shall cast lots before the county board or the Secretary of the Commonwealth, as the case may be, at 12 o’clock noon on the third Friday after the election, and the one to whom the lot shall fall shall be declared elected. In any case where the fact of a tie vote is not authoritatively determined until after the third Wednesday after the election, the time for casting lots shall be 12 o’clock noon of the second day after the fact of such tie vote is authoritatively determined. If any candidate or candidates receiving a tie vote, fail to appear before twelve o’clock noon of said day, the county board or the Secretary of the Commonwealth, as the case may be, shall cast lots for him or them. For the purpose of casting lots any candidate may appear in person, or by proxy duly appointed in writing.

ARTICLE XV. ELECTORAL COLLEGE

§ 3191. Election of presidential electors

At the general election to be held in the year 1940, and every fourth year thereafter, there shall be elected by the qualified electors of the Commonwealth, persons to be known as electors of President and Vice-President of the United States, and referred to in this act as presidential electors, equal in number to the whole number of senators and representatives to which this State may be entitled in the Congress of the United States.

§ 3192. Meeting of electors; duties

The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.

§ 3193. Filling of vacancies existing in presidential electors

If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the electors present shall proceed to choose viva voce a person of the same political party as such deceased or absent elector, to fill the vacancy occasioned thereby, and immediately after such choice the name of the person so chosen shall be transmitted by the presiding officer of the college to the Governor, who shall forthwith cause notice in writing to be given to such person of his election; and the person so elected (and not the person in whose place he shall have been chosen) shall be an elector and shall, with the other electors, perform the duties enjoined on them.

§ 3194. Compensation of presidential electors; expenses of electoral college

Each presidential elector aforesaid, shall receive from the State Treasury the sum of three dollars for every day spent in traveling to, remaining at, and returning from, the place of meeting aforesaid, and shall be entitled to mileage at the rate of three cents per mile to and from his home, to be computed by the ordinary mail route between their homes and the place of meeting aforesaid. And the contingent expenses of the electoral college, not exceeding one hundred dollars in amount, shall likewise be paid by the State Treasurer, in both cases upon warrants drawn by the presiding officer of the college.

ARTICLE XVI. PRIMARY AND ELECTION EXPENSES

§§ 3221 to 3234. Repealed by 1978, Oct. 4, P.L. 893, No. 171, § 1, effective Jan. 1, 1979

§ 3241. Definitions

As used in this article, the following words have the following meanings:

(a) The word “CANDIDATE” shall mean any individual who seeks nomination or election to public office, other than a judge of elections or inspector of elections, whether or not such individual is nominated or elected. For the purpose of this article, an individual shall be deemed to be seeking nomination or election to such office if he has:

(1) Received a contribution or made an expenditure or has given his consent for any other person or committee to receive a contribution or make an expenditure, for the purpose of influencing his nomination or election to such office, whether or not the individual has made known the specific office for which he or she will seek nomination or election at the time the contribution is received or the expenditure is made; or

(2) Taken the action necessary under the laws of the Commonwealth to qualify himself for nomination or election to such office.

(b) The word “CONTRIBUTION” shall mean any payment, gift, subscription, assessment, contract, payment for services, dues, loan, forbearance, advance or deposit of money or any valuable thing, to a candidate or political committee made for the purpose of influencing any election in this Commonwealth or for paying debts incurred by or for a candidate or committee before or after any election. “Contribution” shall also include the purchase of tickets for events such as dinners, luncheons, rallies and all other fund-raising events; the granting of discounts or rebates not available to the general public; or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments provided for the benefit of any candidate, including any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or a person whose expenditures the candidate or committee must report under this act. The word “contribution” includes any receipt or use of anything of value received by a political committee from another political committee and also includes any return on investments by a political committee.

(c) The word “ELECTION” shall mean any retention, primary, special, municipal or general election at which candidates appear on the ballot for nomination or election or at which questions are to be voted on by the electors of this Commonwealth.

(d) The word “EXPENDITURE” shall mean:

(1) the payment, distribution, loan or advancement of money or any valuable thing by a candidate, political committee or other person for the purpose of influencing the outcome of an election;

(2) the payment, distribution, loan, advance or transfer of money or other valuable thing between or among political committees;

(3) the providing of a service or other valuable thing for the purpose of influencing the outcome of a nomination or election of any person to any public office to be voted for in this Commonwealth; or

(4) the payment or providing of money or other valuable thing by any person other than a candidate or political committee, to compensate any person for services rendered to a candidate or political committee.

(e) The words “INDEPENDENT EXPENDITURE” shall mean an expenditure by a person made for the purpose of influencing an election without cooperation or consultation with any candidate or any political committee authorized by that candidate and which is not made in concert with or at the request or suggestion of any candidate or political committee or agent thereof.

(f) The word “LOBBYIST” shall mean any person who is registered pursuant to the provisions of the act of September 30, 1961 (P.L. 1778, No. 712), known as the “Lobbying Registration and Regulation Act .”

(g) The word “PLEDGE” shall mean any written contract, promise or agreement to contribute personally money or anything of value.

(h) The words “POLITICAL COMMITTEE” shall mean any committee, club, association or other group of persons which receives contributions or makes expenditures.

(i) The words “PROSECUTORIAL OFFICER” shall mean the attorney general of this Commonwealth or the district attorneys of the respective counties.

(j) The word “SUPERVISOR” shall mean the Secretary of the Commonwealth or the respective county boards of elections.

(k) The words “VALUABLE THING” shall mean all securities, goods, facilities, equipment, supplies, personnel, advertising, services, membership lists commonly offered or used commercially or other in-kind contributions provided without compensation, or at compensation which is below the usual and normal compensation for the items. The dollar value of a contribution of a valuable thing is the difference between the usual and normal charge for goods or services at the time of the contribution and the amount charged the candidate or political committee.

Any of the categories hereinafter excluded from the definition of “valuable thing” shall not be deemed a contribution or expenditure for purposes of reporting or record keeping. The words “valuable thing” shall not include such de minimus items as the following:

(1) Voluntary personal services provided by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee.

(2) The operation of a motor vehicle owned or leased by a candidate or a member of his immediate family or for consumption of food or beverages by a candidate or his immediate family.

(3) The use of real or personal property, including a community room or a church used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food and beverages voluntarily provided by an individual to any candidate in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate related activities, to the extent that the cumulative value of such invitations, food and beverages provided by such individual on behalf of any single candidate does not exceed two hundred fifty dollars ($ 250), with respect to any single election.

(4) The sale of any food or beverage by a vendor other than a corporation or unincorporated association for use in any candidate’s campaign at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor to the extent that the cumulative value of such reduced charge by such vendor on behalf of any single candidate does not exceed two hundred fifty dollars ($ 250) with respect to any single election.

(5) Any unreimbursed payment for travel expenses made by any individual on behalf of any candidate to the extent that the cumulative value of such travel activity by such individual on behalf of any single candidate does not exceed two hundred fifty dollars ($ 250) with respect to any single election.

(6) The use of the personal residence or the business or office space

of the candidate other than a corporation or unincorporated association and the use of personal property owned or leased by the candidate:

Provided, however, That the cumulative value of the use of such personal property does not exceed one thousand dollars ($ 1,000) with respect to any single election.

(7) The use of the personal residence or the business or office space of any volunteer, other than a corporation or unincorporated association, and the use of personal property owned or leased by a volunteer: Provided, however, That the cumulative value of the use of such personal property does not exceed two hundred fifty dollars ($ 250) with respect to any single election. Nothing in this section shall be construed to permit any matter prohibited in sections 1633 and

1843.

(l) The words “POLITICAL ACTION COMMITTEE” shall mean any political committee as defined in subsection (h) which receives contributions and makes expenditures to, or on behalf of, any candidate other than a candidate’s own authorized political committees or the political committees of any State, county, city, borough, township, ward or other regularly constituted party committee of any political party or political body.

(m) The words “CANDIDATE’S POLITICAL COMMITTEE” shall mean any political committee formed on behalf of a specified candidate and authorized by said candidate.

§ 3242. Organization of political committees; treasurer and assistant treasurer; records of candidates and committees

(a) Every political committee shall have a treasurer and a chairman. No contribution shall be received nor shall any expenditure be made when there is a vacancy in either one of these offices. All money received and disbursed by a political committee must be done through the treasurer of the committee.

(b) Every candidate who authorizes a committee or committees, to receive and disburse funds on behalf of this candidacy, shall name a sole treasurer, irrespective of the number of committees so authorized, to receive and disburse all funds for said committees. Nothing herein shall be construed to prohibit a candidate from receiving or expending moneys on his behalf or a treasurer of a political party committee or a committee authorized to receive and distribute funds on behalf of more than one (1) candidate from receiving or expending moneys on behalf of said candidates, notwithstanding the appointment of a sole treasurer. A sole treasurer may delegate authority, in writing, to any number of assistant treasurers to receive and disburse moneys collected on behalf of a candidate for election. Nothing in this section shall prohibit authorized individuals from selling tickets or soliciting funds when funds are deposited in the campaign account of the candidate.

(c) Each candidate and committee shall keep records of the names and addresses of each person from whom a contribution of over ten dollars ($ 10) has been received and a record of all other information required to be reported pursuant to this act. All such records shall be retained by the candidate or treasurer for a period of three (3) years after such information is reported as required by this act.

(d) Any person receiving any contribution on behalf of a political committee or candidate shall turn such contributions over to the treasurer of that committee or the candidate within ten (10) days of its receipt.

§ 3243. Authorization of political committee

No treasurer of any political committee shall receive any money on behalf of a candidate until such political committee shall have been so authorized in writing by the candidate on a form designed by the Secretary of the Commonwealth. A copy of such written authorization shall be filed with the appropriate supervisor; however the treasurer of any State, county, city, borough, township, ward or other regularly constituted party committee of any political party or political body is hereby authorized to receive money on behalf of the candidates of such political party or political body in a general, municipal or special election, without special written authorization from such candidate.

§ 3244. Registration

(a) Any political committee which receives contributions in an aggregate amount of two hundred fifty dollars ($ 250) or more shall file a registration statement, designed by the Secretary of the Commonwealth, with the appropriate supervisor within twenty (20) days after the date on which it receives such amount. Each committee in existence shall have sixty (60) days from the effective date of this amendatory act to comply with the requirements of this section.

(b) Each registration statement shall contain the following information:

(1) The name, addresses and phone numbers of the political committee.

(2) The name, address and phone number of the committee’s treasurer.

(3) The name, address and phone number of the committee’s chairman.

(4) The names, addresses and relationships of other affiliated or connected organizations.

(5) The candidates, if any, and their names and addresses.

(6) The ballot question, if any, which the committee intends to support or oppose.

(7) The banks, safety deposit boxes or other repositories and their addresses used by the committee.

(8) The proposed period of operation of the committee.

(c) The committee shall inform the appropriate supervisor of any changes in the information contained in subsection (b) within thirty (30) days of that change.

(d) No political committee which receives an aggregate amount of contributions of two hundred fifty dollars ($ 250) or more may make a contribution to any candidate or political committee unless it has registered with the appropriate supervisor.

§ 3245. Statements by lobbyists

(a) Any lobbyist who has given a contribution or pledge regardless of amount, to any candidate, shall be subject to the same registration and reporting provisions as are political committees.

(b) The registration statement required by section 1624 shall be filed by a lobbyist who has given a contribution or pledge regardless of amount, to any candidate.

§ 3246. Reporting by candidate and political committees and other persons

(a) Each treasurer of a political committee and each candidate for election to public office shall file with the appropriate supervisor reports of receipts and expenditures on forms, designed by the Secretary of the Commonwealth, if the amount received or expended or liabilities incurred shall exceed the sum of two hundred fifty dollars ($ 250). Should such an amount not exceed two hundred fifty dollars ($ 250), then the candidate or the treasurer of the committee shall file a sworn statement to that effect with the appropriate supervisor rather than the report required by this section.

(b) Each report shall include the following information:

(1) The full name, mailing address, occupation and name of employer, if any, or the principal place of business, if self-employed, of each person who has made one or more contributions to or for such committee or candidate within the reporting period in an aggregate amount or value in excess of two hundred fifty dollars ($ 250), together with the amount and date of such contributions. The accuracy of the information furnished to the candidate or committee shall be the responsibility of the contributor.

(2) The full name and mailing address of each person who has made one or more contributions to or for such committee or candidate within the reporting period in an aggregate amount or value in excess of fifty dollars ($ 50), together with the amount and date of such contributions. The accuracy of the information furnished by the contributor shall be the responsibility of the contributor.

(3) The total sum of individual contributions made to or for such committee or candidate during the reporting period and not reported under clauses (1) and (2).

(4) Each and every expenditure, the date made, the full name and address of the person to whom made and the purpose for which such expenditure was made.

(5) Any unpaid debts and liabilities, with the nature and amount of each, the date incurred and the full name and address of the person owed.

(6) The account shall include any unexpended balance of contributions or other receipts appearing from the last account filed.

(c) Vouchers or copies of vouchers for all sums expended amounting to more than twenty-five dollars ($ 25) shall be retained by the candidate or the committee treasurer and shall be available for public inspection and copying as herein provided. Any person may inspect or copy such vouchers or copies thereof by filing a written request with the appropriate supervisory office which shall notify the candidate or political committee of such request. The candidate or political committee shall have the option of either forwarding such vouchers or copy of the same to the supervisor for such purpose or making the vouchers or copy of the same available to the requesting person. If a candidate or a treasurer of a political committee shall fail to make said vouchers or copies thereof available for inspection and copying when requested by the appropriate supervisory officer, such officer shall direct the candidate or political committee to promptly deliver the vouchers or copies thereof to the supervisory office for purposes of inspection and copying. Costs of copying and costs of delivery by the candidate or treasurer of the requested vouchers or copies thereof shall be borne by the person requesting same.

(d) Pre-election reports by candidates for offices to be voted for by the electors of the State at large and all political committees, which have expended money for the purpose of influencing the election of such candidate, shall be filed not later than the sixth Tuesday before and the second Friday before an election, provided that the initial pre-election report shall be complete as of fifty (50) days prior to the election and the subsequent pre-election report shall be complete as of fifteen (15) days prior to the election. Pre-election reports by all other candidates and political committees which have received contributions or made expenditures for the purpose of influencing an election shall be filed not later than the second Friday before an election, provided that such report be complete as of fifteen (15) days prior to the election.

(e) All candidates or political committees, required to file under this section, shall also file a post-election report not later than thirty (30) days after an election which shall be complete as of twenty (20) days after the election. In the case of a special election the post-election report shall be complete as of ten (10) days after such special election.

(f) Each report shall also contain a summary, on a separate page, of the information required by subsection (b).

(g) Every person, other than a political committee or candidate, who makes independent expenditures expressly advocating the election or defeat of a clearly identified candidate, or question appearing on the ballot, other than by contribution to a political committee or candidate, in an aggregate amount in excess of one hundred dollars ($ 100) during a calendar year shall file with the appropriate supervisor, on a form prepared by the Secretary of the Commonwealth, a report which shall include the same information required of a candidate or political committee receiving such a contribution and, additionally, the name of the candidate or question supported or opposed. Reports required by this subsection shall be filed on dates on which reports by political committees making expenditures are required to report under this section.

(h) All reports required to be filed pursuant to this section shall be filed pursuant to section 1630. All reports and statements required by this section shall cover the campaign activity of a candidate only from the last prior report or statement.

(i) An expenditure from a candidate’s political committee to another political committee shall be reported as a contribution by the political committee receiving the contribution but need not be reported by the contributing candidate’s political committee until the time required by law for that candidate’s political committee to report: Provided, however, That if the amount of the contribution exceeds two hundred fifty dollars ($ 250) to a single political committee or one thousand dollars ($ 1,000) in aggregate contributions to more than one political committee for any primary, general or special election, then receipts and expenditures shall be reported by the contributing committee at the same time as required by law for the committee receiving same.

(j) All “Political Action Committees” shall report to the Secretary of the Commonwealth all expenditures to or made on behalf of, any Statewide candidate, candidate for the Pennsylvania House of Representatives, or candidate for the State Senate, in the same manner as indicated in this section as a candidate’s political committee. This provision shall be in addition to any other filing and reporting provisions of this act which apply to such committees, their treasurers and chairmen.

§ 3246.1. Waiver of reporting by local candidates upon filing of additional affidavits

(a) In lieu of filing the reports or statements required by sections 1626 and 1627, a candidate for local office (which shall include county, township, city, school district, magisterial district, town and borough offices), who does not form a political committee, shall file an additional affidavit on the form required in section 910 or 951 attesting to the following:

(1) that the candidate for local office does not intend to receive contributions or make expenditures in excess of two hundred fifty dollars ($ 250) during any reporting period;

(2) that the candidate for local office will keep records of contributions and expenditures, as required by this act;

(3) that the candidate for local office will file reports in accord with sections 1626 and 1627 for any reporting period during which he receives contributions or makes expenditures in excess of two hundred fifty dollars ($ 250).

(b) Any candidate for local office filing an affidavit pursuant to this section, who exceeds the two hundred fifty dollar ($ 250) limit herein specified, during a reporting period shall file the report required by section 1626 which shall be cumulative from the beginning of the reporting period. No further report shall be required for any subsequent period unless a candidate for local office receives contributions or makes expenditures in excess of two hundred fifty dollars ($ 250) during said reporting period.

§ 3247. Annual reports

(a) All political committees and candidates, including those committees and candidates filing reports under section 1626(d) and (e), shall file a report on January 31 of each year which shall be complete as of December 31 of the prior year. Such reports shall be filed annually at this time until there is no balance or debt in the report of the candidate or political committee. Such reports shall be cumulative. However, if there has been no change in the account, then the candidate or political committee shall file a statement to that effect with the appropriate supervisor. Each form designated by the Secretary of the Commonwealth for filing a report or statement required by section 1626(e) shall contain a block which may be marked by the candidate or political committee designating it a termination report or statement. If such report or statement is so designated, or if an authorized candidate elects to file no report or statement pursuant to section 1626.1, no annual report need be filed under this section unless contributions were received or expenditures made subsequent to the time period for filing of such termination report. However, no candidate or political committee may terminate by way of a statement where the unpaid balance indicated in the previous report was greater than two hundred fifty dollars ($ 250). In the case of annual reports said report shall cover the campaign activity of a candidate or political committee from the last prior report or statement.

(b) Any political committee required to be registered under this act and not reporting under section 1626 shall file an annual report under this section. However, if a political committee makes aggregate expenditures as defined in section 1621 in an amount less than two hundred fifty dollars ($ 250) or incurs aggregate debt in an amount less than two hundred fifty dollars ($ 250) during the calendar year to influence an election, it need not file an annual report; provided that this exception shall not be applicable to a candidate’s political committee or to a State or county committee of a political party or political body or to a political action committee of a corporation or unincorporated association.

§ 3248. Late contributions and independent expenditures

Any candidate or political committee, authorized by a candidate and created solely for the purpose of influencing an election on behalf of that candidate, which receives any contribution or pledge of five hundred dollars ($ 500) or more, and any person making an independent expenditure, as defined by this act, of five hundred dollars ($ 500) or more after the final pre-election report has been deemed completed shall report such contribution, pledge or expenditure to the appropriate supervisor. Such report shall be sent by the candidate, chairman or treasurer of the political committee within twenty-four (24) hours of receipt of the contribution. It shall be the duty of the supervisor to confirm the substance of such report. The report shall be made by telegram, mailgram, overnight mail or facsimile transmission. Any candidate in his own behalf, or chairman, treasurer or candidate in behalf of the political committee may also comply with this section by appearing personally before such supervisor and reporting such late contributions or pledges.

§ 3249. Oath of compliance; perjury; disqualification from office; commercial use

(a) Each report shall be subscribed and sworn to by the individual submitting the report. In addition, any report filed by a political committee, authorized by a candidate and created solely for the purpose of influencing an election on behalf of that candidate, must be accompanied by an affidavit from that candidate which provides that, to the best of the candidate’s knowledge, the political committee has not violated any provision of this act.

(b) Any wilfully false, fraudulent or misleading statement or entry made by any candidate or treasurer in any statement or report under oath as required by this article, shall constitute the crime of perjury, and be punishable as such according to the laws of this Commonwealth.

(c) Any person hereafter convicted of such an act shall be disqualified from holding public office in this Commonwealth. Conviction, as used in this subsection, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere.

(d) It shall be unlawful for any person to use the contents of any statement or report filed under this article for any commercial purpose whatsoever.

§ 3250. Residual funds

In the event that a candidate or political committee terminates its financial activity as such, then the disbursement of any residual funds remaining in such an account shall be made in the following manner:

(1) any such funds may be used for any expenditure as defined by this article; and

(2) may be returned, pro rata, to the contributors by the candidate or treasurer of the political committee. A final report must be made by the next January 31 in accordance with section 1627.

§ 3251. Place of filing

Any statement or report required by this article to be filed, shall be done in the following manner:

(1)

(i) Any candidate, individual, or committee required to file a report concerning any candidate shall file that statement or report in the office of the supervisor with whom the candidate filed a nomination paper, nomination certificate, nomination petitions or with the supervisor with whom the candidate would have filed such if he had sought nomination in that manner.

(ii) All candidates and political committees, authorized by candidates and created solely for the purpose of influencing the election of such candidates, who must file reports with the Secretary of the Commonwealth, shall also file copies of their reports in the county in which the candidate resides.

(2)

(i) Any statement or report concerning an issue to be voted on by the electors of the State at large shall be filed with the Secretary of the Commonwealth.

(ii) Any statement or report concerning any other issue to be voted on by the electors of this Commonwealth shall be filed in the county wherein the electors reside.

(3) However, if any report of any political committee concerns both candidates who file for nomination with the Secretary of the Commonwealth and candidates who file with a county board of elections, then such report shall be filed with the Secretary of the Commonwealth.

§ 3252. Late filing fee; certificate of filing

(a) A late filing fee for each report or statement of expenditures and contributions which is not filed within the prescribed period shall be imposed as follows. Such fee shall be ten dollars ($ 10) for each day or part of a day excluding Saturdays, Sundays and holidays that a report is overdue. An additional fee of ten dollars ($ 10) is due for each of the first six (6) days that a report is overdue. The maximum fee payable with respect to a single report is two hundred fifty dollars ($ 250). A supervisor shall receive an overdue report or statement even if any late filing fee due has not been paid but the report or statement shall not be considered filed until all fees have been paid upon the receipt by the supervisor of an overdue report. No further late filing fees shall be incurred notwithstanding the fact that the report or statement is not considered filed. The late filing fee is the personal liability of the candidate or treasurer of a political committee and cannot be paid from contributions to the candidate or committee, nor may such fee be considered an expenditure. A report or statement of expenditures and contributions shall be deemed to have been filed within the prescribed time if the letter transmitting the report or statement which is received by the supervisor is transmitted by first class mail and is postmarked by the United States Postal Service on the day prior to the final day on which the report or statement is to be received: Provided, That this sentence shall not be applicable to the reporting requirements contained in section 1628.

(b) No person shall be deemed elected to a public office under the laws of this commonwealth or enter upon the duties thereof, or receive any salary or emoluments therefrom until all of the reports and statements of contributions and expenditures required to be filed by any candidate and treasurers of committees authorized by such candidate and due before the person may take office, have been filed. No candidate may be sworn in until the appropriate supervisor certifies that all required reports have been filed, and no official of the commonwealth or any of its political subdivisions may issue a commission or administer an oath of office until that official has received this certification. No certification shall be issued until the supervisor has received post-election reports of any candidate and treasurer of committees authorized by such candidate.

(c) No late filing fees shall be imposed under this section for pre-election filings due any primary, special, or municipal election held through November 6, 1979. Late filing fees paid for any primary, special, or municipal election held through November 6, 1979 shall be refunded after any candidate or committee in violation has filed the required pre-primary, pre-special, pre-municipal, post-primary, post-special, or post-municipal election report. No late filing fee shall be imposed under this section, for the required post-primary election report for the primary election held May 15, 1979 where such post-primary election report is filed on or before July 16, 1979. No late filing fee shall be imposed under this section for the required pre-election or post-election report for the municipal election held November 6, 1979 where such report is filed on or before February 15, 1980: Provided, however, That no one shall be issued a commission or take the oath of office until all reports required on account of his or her candidacy shall be filed. Any pre-election or post-election late filing fees, collected for primary, special, or municipal elections held on or before November 6, 1979, shall be refunded within thirty (30) days.

§ 3253. Contributions or expenditures by national banks, corporations or unincorporated associations

(a) It is unlawful for any National or State bank, or any corporation, incorporated under the laws of this or any other state or any foreign country or any unincorporated association, except those corporations formed primarily for political purposes or as a political committee, to make a contribution or expenditure in connection with the election of any candidate or for any political purpose whatever except in connection with any question to be voted on by the electors of this Commonwealth. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any contribution prohibited by this section, or for any officer or any director of any corporation, bank, or any unincorporated association to consent to any contribution or expenditure by the corporation, bank or unincorporated association, as the case may be, prohibited by this section.

(b) No provision of the laws of this Commonwealth shall be deemed to prohibit a loan of money by a National or State bank made in accordance with the applicable banking laws and regulations in the ordinary course of business; however, any such loans shall be included in the reports filed by the candidates and political committees. No provision of the laws of this Commonwealth shall be deemed to prohibit the receipt of interest or dividends on investments where the interest or dividends are received in accordance with the applicable banking laws and in the ordinary course of business. Any such interest and dividends shall be included in the financial records maintained by the candidate and political committees and reported where appropriate under the filing requirements of this act.

(c) No provision of the laws of this Commonwealth shall be deemed to prohibit direct private communications by a corporation to its stockholders and their families or by an unincorporated association to its members and their families on any subject; nonpartisan registration and get-out-vote campaigns by a corporation aimed at its stockholders and their families or by an unincorporated association aimed at its members and their families; and the establishment, and administration by a corporation or an unincorporated association of a separate segregated fund which fund is to be created by voluntary individual contributions, including those solicited by the corporation or unincorporated association and to be utilized for political purposes, provided that any such separate segregated fund shall be deemed to be a political committee for purposes of this article.

(d) No contribution from a partnership, limited partnership or limited liability company may be made from funds of any partner, limited partner or member that is a corporation. A limited liability company that makes a contribution shall affirm to the recipient candidate or committee that the limited liability company is treated as a partnership for Federal tax purposes and that the contribution from the limited liability company does not contain corporate funds.

§ 3254. Contributions by agents; anonymous contributions; cash contributions

(a) It shall be unlawful for any person to make any contribution with funds designated or given to him for the purpose by any other person, firm or corporation. Each person making a contribution shall do so only in his own name.

(b) It shall be unlawful for any candidate or political committee to disburse money received from an anonymous source. All such money shall be handed over to the State Treasurer within twenty (20) days of its receipt.

(c) It shall be unlawful for any person to make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which in the aggregate, exceed one hundred dollars ($ 100), with respect to any candidate for election.

§ 3254.1. Lawful election expenses

No candidate, chairman or treasurer of any political committee shall make or agree to make any expenditure or incur any liability except as provided in section 1621(d).

§ 3255. Independent audit

(a) Every two (2) years, the Secretary of the Commonwealth shall contract for the services of a certified public accountant or certified public accounting firm. Such contract shall be awarded on a bid basis and no certified public accountant or certified public accounting firm shall be eligible to obtain such a contract for two (2) successive contract periods.

(b) The Secretary of the Commonwealth shall select by lottery, at a public drawing, forty (40) days after each primary, general and municipal election three (3) per cent of all public offices for which candidates must file nominating petitions or papers with the Secretary of the Commonwealth. For the purpose of this subsection, a legislative or senatorial district shall be considered a public office. Any public office filled at a special election occurring other than at a primary, general or municipal election shall be placed in the lottery of public offices for audit at the next succeeding primary, general or municipal election whichever occurs first. Any public office filled at a special election held at the same time as any other election shall be included in the lottery for that election.

(c) The certified public accountant shall audit the reports of all candidates for each public office selected in accordance with subsection (b) and those committees, authorized and created solely for the purposes of influencing an election on behalf of those candidates.

(d) The accountants shall conduct their audit in accord with sound accounting principles and shall make findings of any possible violations of this act with respect to campaign contributions or expenses. All audited candidates and their committees shall furnish any records to the accountants which the accountants deem necessary for the completion of their work.

(e) The accountant shall report his or her findings to the Secretary of the Commonwealth who shall make public the report of the accountants. The results of the primary election audit shall not be released to the public until after the general or municipal election. Nothing in this subsection shall be construed to prohibit the initiation of prosecution for criminal violations by the appropriate agencies.

(f) The accountants shall also furnish a report of their findings to the Attorney General for the institution of such criminal proceedings as he or she shall deem necessary.

§ 3256. Audit of expense accounts

(a) Within ninety (90) days after the last day for filing any report and affidavit required by this act, any five (5) electors of the Commonwealth or of the political division may present a petition to the court of common pleas of the county in which is situated the office where such original report has been filed or with the Commonwealth Court in the case of original report filed with the Secretary of the Commonwealth for an audit of such report. Thereupon the court shall direct the officer or board with whom such report has been filed to certify the same to the court for audit and may, in its discretion, require security to be entered for costs. The court may, in its discretion, appoint an auditor to audit such report, but the fees of such auditor shall be a reasonable sum per day for each day actually engaged. The court or auditor shall fix a day as early as may be convenient for the audit, at which time the person by whom such report has been filed shall be required to be present in person to vouch his report and to answer on oath or affirmation all such relevant questions concerning the same, as may be put to him by the petitioners or their counsel. The auditor shall issue subpoenas to all parties whom the petitioners or the filer of the report may require, to give evidence concerning such report, and he shall determine, subject to exception, all questions as to the admissibility of evidence, and shall file a copy of the evidence with his findings. If upon the audit, the court shall decide that the report was false in any substantial manner, or that any expenses have been incurred in contravention of this act, the costs of said audit shall be paid by the filer of the report, otherwise the court shall make such order as to payment of costs as shall be just in the circumstances.

(b) If the court shall decide upon the audit that any person, whether a candidate or not, has accepted contributions or incurred expense or has expended or disbursed money in contravention of this act, or has otherwise violated any of the provisions of this act, it shall certify its decision to the appropriate prosecutorial officer and it shall thereupon be the duty of such officer to institute criminal proceedings as he or she shall deem necessary.

(c) No person shall be excused from answering any question in any proceeding under this section on the ground that such answer would tend to incriminate him, but no such answer shall be used as evidence against such person in any criminal action or prosecution whatever, except in an action for perjury in giving such testimony.

§ 3257. Proceedings against candidates violating provisions relating to contributions and expenditures

If any candidate, who has been nominated or elected, is found by any court of this Commonwealth in criminal proceedings to have wilfully accepted any contributions or made any expenditures in contravention of this act, either directly or through the treasurer of any committee authorized by section 1623 or through any other person with his knowledge or consent, whether expressly or not, that fact shall be certified by the court to the Attorney General. In the case of a candidate for nomination the Attorney General shall make a motion to the proper court to remove the candidate’s name from the ballot. In the case of an elected candidate the Attorney General shall file in the proper court a suggestion for a writ of quo warranto against such candidate. If upon the hearing of such motion or writ, it shall be determined that such candidate has wilfully accepted any contribution, or made any expenditure in contravention of this act, either directly or through the treasurer of any committee authorized by section 1623 to pay or incur primary or election expenses in furtherance of his candidacy or through any other person with his knowledge and consent, whether expressly authorized or not, judgment of ouster from nomination, in the case of a candidate for nomination where the judgment is entered prior to the subsequent election, or judgment of ouster from office in the case of a candidate for election or in the case of a candidate for nomination who has been subsequently elected to the office for which he was nominated, shall be entered against him. However, in the case of a candidate elected to the office of Senator or Representative in the General Assembly, the decision of the court shall be certified to the President of the Senate or to the Speaker of the House of Representatives, as the case may be.

§ 3258. Advertising

(a) Whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of a candidate, or ballot questions, through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication:

(1) If authorized by the candidate, his authorized political committee or their agents, shall clearly and conspicuously state that the communication has been authorized.

(2) If not authorized by a candidate, his authorized political committee, or their agents, shall clearly and conspicuously state the name of the person who made or financed the expenditure for the communication, including, in the case of a political committee the name of any affiliated or connected organization.

(b)

(1) No candidate for public office, or political committee or party acting on his behalf, shall place any advertisement referring to an opposing candidate for the same office which is to be broadcast or published during the one hundred and twenty (120) hours immediately prior to an election or published in a weekly newspaper or periodical during the eight (8) days immediately prior to an election, with a television or radio broadcasting station, newspaper or periodical, unless he has first given a copy of the material to appear or be used in the advertisement and reasonable notice to the opposing candidate and the county board of elections of the county where the advertisement is to be placed in sufficient time for a reply advertisement to be published or broadcast at the same approximate time or in the same issue of the publication or on the same radio or television broadcast as the original advertisement and prior to the election in question.

(2) The reasonable notice referred to in clause (1) shall be given in writing by registered mail, return receipt requested, addressee signature only, with a true copy of the material enclosed to appear or be used in the advertisement so as to afford the recipient sufficient time to place a reply advertisement to be published or broadcast at the same approximate time or in the same issue of the publication or on the same radio or television broadcast as the original advertisement and prior to the election in question.

(3) Any person, firm or corporation, political committee or party or member thereof, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars ($ 1,000), or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3259. Powers and duties of the supervisor

It shall be the duty of the supervisor to:

(1) Furnish to the persons, subject to the provisions of this act, a bookkeeping and reporting manual and the prescribed forms for the making of the reports and statements required to be filed under this article.

(2) Develop a filing system consistent with the purposes of this article.

(3) Make the reports and statements filed with him or her available for public inspection and copying, commencing as soon as practicable but not later than the end of the second day following the day during which it was received, and to provide copies of any such report or parts thereof, as requested by any person, at the expense of such person, at the rate not to exceed the actual cost of reproduction.

(4) Preserve such reports and statements for a period of five (5) years from the date of filing.

(5) Compile and maintain a current list of all statements pertaining to each candidate and political committee.

(6) Make from time to time inquiries and field investigations with respect to reports and statements filed under the provisions of this article and with respect to alleged failures to file any report or statement required under provisions of this article.

(7) Report apparent violations of this article to the appropriate law enforcement authorities.

(8) Collect any fines relating to the filing of late reports and transmit all such fines collected to the appropriate fiscal officer of the receiving supervisor.

(9) Inform each candidate or committee which has failed to file of that fact.

(10) Publish a list of all those candidates and their committees who have failed to file reports as required by this act within six (6) days of their failure to comply.

§ 3260. Additional powers and duties of the Secretary of the Commonwealth

The Secretary of the Commonwealth shall have the following additional powers and duties:

(1) To serve as the State clearing house for information concerning the administration of this act.

(2) To prescribe suitable rules and regulations to carry out the provisions of this act.

(3) To develop the prescribed forms required by the provisions of this article for the making of the reports and statements required to be filed with the supervisor.

(4) To prepare a manual setting forth recommended uniform methods of bookkeeping and reporting which shall be furnished by the supervisor to the person required to file such reports and statements as required by this article.

(5) To examine the contributions to State legislative and statewide candidates and publish a list of all those political committees who have contributed to candidates and who have failed to file reports as required by this act within six (6) days of their failure to comply.

§ 3260a. Reports by business entities; publication by Secretary of the Commonwealth

(a) Any business entity including but not limited to a corporation, company, association, partnership or sole proprietorship, which has been awarded non-bid contracts from the Commonwealth or its political subdivisions during the preceding calendar year, shall report by February 15 of each year to the Secretary of the Commonwealth an itemized list of all political contributions known to the business entity by virtue of the knowledge possessed by every officer, director, associate, partner, limited partner or individual owner that has been made by:

(1) any officer, director, associate, partner, limited partner, individual owner or members of their immediate family when the contributions exceed an aggregate of one thousand dollars ($ 1,000) by any individual during the preceding year; or

(2)

any employe or members of his immediate family whose political contribution exceeded one thousand dollars ($ 1,000) during the preceding year.

For the purposes of this subsection, “immediate family” means a person’s spouse and any unemancipated child.

(b) It shall be the duty of the Secretary of the Commonwealth to publish sixty (60) days after February 15 of each year a complete itemized list of all contributions given under the provisions of subsection (a). This list shall be a matter of public record open to public inspection and copies made available at cost to any individual who requests them.

§ 3260b. Enforcement

(a) The Attorney General shall have prosecutorial jurisdiction over all violations committed under this act.

(b) Deleted by 2002, Dec. 9, P.L. 1246, No. 150, § 17, imd. effective.

(c) The district attorney of any county in which a violation occurred has concurrent powers and responsibilities with the Attorney General over such violations.

ARTICLE XVII. RECOUNTS AND CONTESTS

(A) RECOUNTS

§ 3261. Opening ballot boxes upon petition of electors alleging fraud or error; deposit or bond

(a) Except as set forth in subsection (a.1), the court of common pleas, or a judge thereof, of the county in which any election district is located in which ballots were used, shall open the ballot box of such election district used at any general, municipal, special or primary election held therein, and cause the entire vote thereof to be correctly counted by persons designated by such court or judge, if three qualified electors of the election district shall file, as hereinafter provided, a petition duly verified by them, alleging that upon information which they consider reliable they believe that fraud or error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast for all offices or for any particular office or offices in such election district, or in the marking of the ballots, or otherwise in connection with such ballots. It shall not be necessary for the petitioners to specify in their petition the particular act of fraud or error which they believe to have been committed, nor to offer evidence to substantiate the allegations of their petition.

(a.1) In cases resulting from a recount or recanvass order by the Secretary of the Commonwealth under section 1404(g), all of the following apply:

(1) Upon petition under clause (2), Commonwealth Court shall:

(i) open the ballot box of each election district in which ballots were used at a general, municipal, special or primary election; and

(ii) cause the entire vote of the election district to be correctly counted by persons designated by the court.

(2) To obtain relief under clause (1):

(i) Three (3) qualified electors of a county must file a verified petition alleging that, upon information which they consider reliable, they believe that fraud or error, although not manifest on the general return of votes, was committed:

(A) in the computation of votes cast;

(B) in the marking of the ballots; or

(C) otherwise in connection with the ballots.

(ii) It is not necessary for the petitioners to specify in their petition the particular act of fraud or error which they believe to have been committed nor to offer evidence to substantiate the allegations of their petition.

(b) Every petition for the opening of a ballot box under the provisions of this section shall be filed in the office of the prothonotary of the proper county, accompanied by a deposit of cash in the amount of fifty ($ 50.00) dollars, or by a bond signed by the petitioners as principals and by a corporate surety to be approved by the court, in the amount of one hundred ($ 100.00) dollars, conditioned upon the payment to the county treasurer for the use of the county of the sum of fifty ($ 50.00) dollars, in the event that, upon the opening of the ballot box, it shall not appear that fraud or substantial error was committed in the computation of the votes cast on the ballots contained therein, or fraud in the marking of the ballots contained therein, or otherwise in connection with such ballots.

(c) Before any ballot box is opened under the provisions of this section, the court shall direct that notice of time and place of proposed recount be given, either personally or by registered mail, to each candidate for the office or offices which are to be recounted by the order of the court, and each such candidate may be present at such recount, either in person or by his attorney or by his duly authorized representative, under such regulations as the court may prescribe.

(d) If, upon opening any such ballot box, it shall appear that fraud or substantial error was committed in the computation of the votes cast on the ballots contained therein, or fraud in the marking of the ballots contained therein, or otherwise in connection with such ballots, it shall be the duty of the court to certify such fact to the prothonotary and thereupon the prothonotary shall return to the petitioners the said sum of fifty ($ 50.00) dollars, or if the petitioners shall have filed a bond in lieu of cash, to mark said bond cancelled and notify the petitioners that he has done so.

(e) If, upon opening any ballot box under the provisions of this section, it shall not appear that fraud or substantial error was committed in the computation of the votes cast on the ballots contained therein, or fraud in the marking of the ballots contained therein, or otherwise in connection with such ballots, the persons upon whose petition such ballot box shall have been opened, shall forfeit to the county the sum of fifty ($ 50.00) dollars. If said petitioners shall have deposited the said sum in cash with the prothonotary at the time of filing the petition, the prothonotary, upon certification of the court that fraud or substantial error was not discovered, shall pay said sum deposited with him to the county treasurer; and if the petitioners shall have filed with their petition a bond in the sum of one hundred ($ 100.00) dollars, it shall be the duty of the county treasurer forthwith to collect from the principals or surety on said bond, the sum of fifty ($ 50.00) dollars, and costs of suit, and for this purpose, he is hereby authorized to institute any necessary legal proceedings. When so collected, the said sum of fifty ($ 50.00) dollars shall be paid over to the county treasurer.

(f) Ballot boxes may be opened under the provisions of this section at any time within four months after the date of the general, municipal, special or primary election at which the ballots therein shall have been cast.

§ 3262. Recanvassing voting machines upon petition of electors alleging fraud or error

(a) Judicial proceedings shall be as follows:

(1) Except as set forth in clause (2), the court of common pleas, or a judge thereof, of the county in which any election district is located, shall make visible the registering counters of the voting machine or machines used in such election district at any primary or election, and without unlocking the machine against voting, shall recanvass the vote cast therein, if three qualified electors of the election district shall file a petition, duly verified by them, alleging that, upon information which they consider reliable, they believe that fraud or error, although not manifest on the general return of votes made therefrom, was committed in the canvassing of the votes cast on such machine or machines. It shall not be necessary for the petitioners to specify in their petition the particular act of fraud or error they believe to have been committed, nor to offer evidence to substantiate the allegations of their petition.

(2) In cases resulting from a recount or recanvass ordered by the Secretary of the Commonwealth under section 1404(g), all of the following apply:

(i) Upon petition under subclause (ii), Commonwealth Court shall:

(A) make visible the registering counter of the voting machine used;

(B) without unlocking the machine against voting, recanvass the vote cast in the machine.

(ii) To obtain relief under subclause (i):

(A) Three qualified electors of the county must file a verified petition alleging that, upon information which they consider reliable, they believe that fraud or error, although not manifest on the general return of votes, was committed in the canvassing of the votes cast on the machine.

(B) It is not necessary for the petitioners to specify in their petition the particular act of fraud or error they believe to have been committed nor to offer evidence to substantiate the allegations of the petition.

(a.1) Every petition for the recanvassing of votes cast in the voting machine, or voting machines of an election district, under the provisions of this section, shall be filed in the office of the prothonotary of the proper county accompanied by a deposit of cash in the amount of fifty ($ 50) dollars, or by a bond signed by the petitioners as principals and by a corporate surety to be approved by the court in the amount of one hundred ($ 100) dollars, conditioned upon the payment to the county treasurer for the use of the county of the sum of fifty ($ 50) dollars, in the event that upon the recanvassing of the votes cast in a voting machine or voting machines, it does not appear that fraud or substantial error was committed in the canvassing of the votes cast on such machine or otherwise in connection with such voting machines.

(b) Before the votes cast on any voting machine are recanvassed under the provisions of this section, the court shall direct that notice of the time and place of the proposed recanvass be given, either personally or by registered mail, to each candidate whose name appears on the ballot labels, and each such candidate may be present at such recanvass, either in person or by his attorney, or by his duly authorized representative, under such regulations as the court may prescribe.

(b.1) If, upon the recanvassing of the votes in any voting machine, it shall appear that fraud or substantial error was committed in the computation of the votes cast on the voting machine or otherwise in connection with such voting machine, it shall be the duty of the court to certify such fact to the prothonotary, and thereupon the prothonotary shall return to the petitioners the said sum of fifty ($ 50) dollars, or if the petitioners shall have filed a bond, in lieu of cash, to mark said bond cancelled and notify the petitioners that he has done so.

(b.2) If, upon the recanvassing of the votes in any voting machine under the provisions of this section, it shall not appear that fraud or substantial error was committed in the computation of the votes cast in the voting machine or otherwise in connection with such voting machine, the persons upon whose petition such voting machine was recanvassed shall forfeit to the county the sum of fifty ($ 50) dollars. If said petitioners shall have deposited the said sum in cash with the prothonotary at the time of filing the petition, the prothonotary, upon certification of the court that fraud or substantial error or otherwise in connection with such machine was not discovered, shall pay said sum deposited with him to the county treasurer, and if the petitioners shall have filed with their petition a bond in the sum of one hundred ($ 100) dollars, it shall be the duty of the county treasurer forthwith to collect from the principals or surety on said bond the sum of fifty ($ 50) dollars and costs of suit, and for this purpose he is hereby authorized to institute any necessary legal proceedings. When so collected, the said sum of fifty ($ 50) dollars shall be paid over to the county treasurer.

(c) Voting machines may be recanvassed under the provisions of this section at any time within twenty days after the date of the primary or election at which they were used.

§ 3263. Correction of returns; decision not to be final; evidence for prosecution

(a) (1) Any petition to open a ballot box or to recanvass the votes on a voting machine or an electronic voting system pursuant to sections 1701 and 1702 shall be filed no later than five (5) days after the completion of the computational canvassing of all returns of the county by the county board. If any error or fraud is found the court shall grant the interested parties an additional five (5) days to file petitions requesting additional ballot boxes to be opened or voting machines or electronic voting systems to be recanvassed.

(i) Except as set forth in subclause (ii):

(A) a recount or recanvass shall include all election districts in which ballots were cast for the office in question; and

(B) petitions, accompanied by the appropriate money or bond, must be filed in each election district in accordance with this act.

(ii) Subclause (i) shall not apply if a petitioner under section 1701 or 1702 pleads that a particular act of fraud or error occurred and offers prima facie evidence supporting the allegation.

(2) If any petition to open a ballot box or to recanvass the votes on a voting machine or an electronic voting system shall have been presented, under the provisions of sections 1701 and 1702 of this act and the court shall discover therein any fraud or error, the court shall correct, compute and certify to the county board the votes justly, regardless of any fraudulent or erroneous entries made by the election officers thereof, and the county board shall correct accordingly any entries previously made in the returns of the county being prepared by it, or which have been prepared and not yet certified.

(b) No order or decision of the court under the provisions of sections 1701 and 1702 of this act, shall be deemed a final adjudication regarding the results of any primary or election, so as to preclude any contest thereof under the provisions of this article, and no such order or decision shall affect the official returns of any election district, unless a petition to open the ballot boxes or to recanvass the votes on a voting machine or an electronic voting system shall have been presented before the certification of the returns of the county by the county board, or unless a contest shall have been instituted in the manner provided by this article.

(c) If upon the opening of any ballot box or recanvass of any voting machine or electronic voting system under the provisions of this article, it shall be found that fraud was committed in the computation of the votes cast on the ballots or voting machine, or in the marking of the ballots contained therein or otherwise in connection with such ballots, the county board shall take such steps as shall be appropriate to enable the ballot box and contents thereof or voting machine or electronic voting system to be available as evidence in any prosecution which may be begun against any person or persons alleged to be guilty of such fraud.

(B) CLASSES OF NOMINATION AND ELECTION CONTESTS

§ 3291. Classes of nomination and election contests

The several classes of nominations at primaries and elections of public officers which may be contested in this Commonwealth are hereby distinguished and designated as follows, to wit:

Class I. Nominations and elections of the Governor and Lieutenant Governor of the Commonwealth.

Class II. Nominations and elections of electors of President and Vice-President of the United States and all officers of this Commonwealth, including Judges of the Courts (except Governor and Lieutenant Governor), who now are or hereafter shall be required to be nominated or elected by the electors of the State at large, and nominations of United States Senators.

Class III. Nominations and elections of judges of the several courts.

Class IV. Nominations and elections of Senators and Representatives in the General Assembly, and nominations of Representatives in Congress.

Class V. All other officers, whether nominated or elected by the qualified voters of counties, cities, boroughs, townships, wards, school districts, poor districts or any other division of the State.

(C) CONTESTED NOMINATIONS AND ELECTIONS OF THE FIRST CLASS

§ 3312. Committee of General Assembly to try

Contested nominations and elections of Governor and Lieutenant Governor shall be tried and determined by a committee to be selected from both houses of the General Assembly, and formed and regulated in the following manner.

§ 3313. Contest petitions; when and to whom presented

Upon the petition in writing of at least one hundred registered electors of the Commonwealth, accompanied by the affidavit, taken and subscribed by at least twenty of the petitioners, before some person having authority to administer oaths, that the facts set forth are true to the best of their knowledge and belief, and a certificate from the registration commission of the county or counties where the petitioners reside, setting forth that they are all registered electors, being presented to the presiding officer of the Senate within ten days from the organization of the General Assembly next succeeding the election complained of, he shall immediately give information thereof to both houses. Such petition after being read in each house, shall be laid on the table without any question taken thereon, until the two houses shall proceed thereon in the following manner.

§ 3314. Personnel of contest committee; Senate Members

The Senate and House of Representatives shall, on a day and hour to be agreed on between them, which day shall be within five days of the reception of the petition as aforesaid, convene in the hall of the House of Representatives, where the petition shall be read by the secretary of the Senate; the names of the members of each house shall then be called over by the respective clerks, and a quorum of each house being present, a joint committee shall be formed as follows:

(a) The names of all senators present, except the President pro tempore, shall be written on distinct pieces of paper as nearly alike as may be, each of which shall be rolled up and put into a box by the clerk of the House of Representatives, and placed on the Speaker’s table.

(b) The secretary of the Senate, having shaken and intermixed the said papers, shall draw them out one by one, and put them alternately into three boxes, also placed on the Speaker’s table.

(c) When the whole number shall be thus distributed, the clerk of the House of Representatives shall shake and intermix the papers in each box, and shall draw alternately from each box the papers so rolled up, until twelve papers have been so drawn, and shall deliver them singly, as drawn, to the Speaker of the House of Representatives.

(d) The Speaker of the House of Representatives shall open the said papers singly and read aloud the names on each, and then deliver the papers singly to the President of the Senate, who shall place them openly on the table.

(e) A member of each House, to be designated by the respective presiding officers, shall take down in writing the names so called, and shall each of them repeat aloud the name so written.

§ 3315. Personnel of contest committee; House Members

The like proceedings shall then be had for drawing twenty-five members of the House of Representatives for the purpose: Provided, however, That—

(a) The duties in the preceding section enjoined upon the clerk of the House of Representatives shall be performed by the secretary of the Senate.

(b) The duties therein enjoined upon the secretary of the Senate shall be performed by the clerk of the House of Representatives.

(c) The duties therein enjoined upon the Speaker of the House of Representatives shall be performed by the presiding officer of the Senate.

(d) The duties therein enjoined upon the President of the Senate shall be performed by the Speaker of the House of Representatives, whose name shall not be placed in the box.

§ 3316. Challenges

If any objection be made by either of the parties to any member so drawn by lot, such member shall be discharged, and another name be drawn to supply the place, and so on until the whole number of twelve senators and twenty-five members of the House of Representatives shall be completed; and in all cases, the members drawn in place of those objected to, shall be in like manner liable to be set aside, and others shall be drawn in their places; but if so many be set aside by reason of objections, as aforesaid, that there shall not remain more than the number aforesaid, then no further objection shall be admitted.

§ 3317. Selection of committee

When the number aforesaid shall be completed, the clerk of the House of Representatives shall draw out, one by one, the names of the remaining members of the Senate, and deliver them singly to the Speaker of the House of Representatives, who shall unfold and read them aloud; and the secretary of the Senate shall in like manner draw out the names of the remaining members of the House of Representatives, and deliver them singly to the presiding officer of the Senate, who shall unfold them and read them aloud; and if any unfairness or mistakes shall then be discovered therein, the whole proceedings shall be set aside, and the same shall be renewed in manner and form hereinbefore directed; but after the committee is sworn, no objection for such cause shall be received.

§ 3318. Final selection of committee

When the proceedings aforesaid shall be concluded, a list of the twelve members of the Senate and a separate list of the twenty-five members of the House of Representatives so drawn shall be given to each of the parties, who shall immediately withdraw to some adjoining room, with a clerk or members appointed by the joint vote of members present, where they shall proceed to strike off alternately the names upon such list, until the number shall be reduced to four members of the Senate and nine of the House of Representatives, which shall constitute a select committee.

§ 3319. Members to remain until final selection

On the parties withdrawing to form such select committee, the members of both houses shall continue convened and the members whose names shall have been drawn out of the boxes shall not leave the conference room without permission, until the time and place for the meeting of the select committee shall be fixed as hereinafter provided.

§ 3320. Final qualification of committee

Within one hour from the time of withdrawing as aforesaid, the parties shall deliver to the presiding officer of the Senate the names of the said four members of the Senate and nine of the House of Representatives remaining on the list, who shall then respectively take an oath or affirmation, to be administered by the presiding officer of the Senate, to try the matter of the petition and to give a true judgment thereon according to the evidence, unless the committee shall be dissolved.

§ 3321. Time and place of meeting

The time and place for the meeting of the select committee so appointed shall then be directed by the joint vote of the members of both houses, which time shall be within forty-eight hours of the appointment.

§ 3322. Absence from committee

If any person appointed a member of such select committee shall, at the time of such appointment, swear or affirm that he cannot without great inconvenience serve on such committee, he shall be excused, and in such case another shall be substituted.

§ 3323. Meetings of committee; quorums; adjournment

The select committee shall sit from day to day, Sundays excepted, at such hours as shall not interfere with their attendance in the Legislature, but unless nine of their number be present, the committee shall adjourn to the next day, and if the number of the committee shall unavoidably by reduced to less than nine members, and shall so continue for the space of three days, Sundays excepted, the committee shall be dissolved, and there shall be another chosen in manner aforesaid. When the two houses shall stand adjourned for more than three days, the committee may adjourn to the same time.

§ 3324. Presiding officer of committee

Immediately after the appointment of the select committee aforesaid, the President of the Senate shall notify the Chief Justice of the Supreme Court, and he shall immediately attend the meetings of the committee as the presiding officer thereof. The Chief Justice of the Supreme Court shall decide questions regarding the admissibility of evidence, and he shall, upon request of the committee, pronounce his opinion upon other questions of law involved in the contest, but he shall not have a vote on the final determination of the case.

§ 3325. Powers of committee

The select committee shall have power to subpoena persons and require the production of papers and records, and to compel the attendance of and examine all witnesses who may come before them, upon oath or affirmation, which the Chief Justice of the Supreme Court or clerk of the committee may administer in their presence, and to decide not only on the validity of such contested election, but also which of the candidates had the greatest number of legal votes.

§ 3326. Proceeding before committee; unqualified voters; testimony; immunity

When it is proven to the satisfaction of said committee that any person, not a legally qualified voter, voted at any such contested election, it shall be lawful for said committee to compel said voter to disclose, under oath, for which of the respective candidates he voted; but when the committee examines the witness on oath as to the person or persons for whom he voted, and said witness on such examination discloses the names of the persons for whom he voted at such election, he shall not afterwards be prosecuted for having illegally voted at such election.

§ 3327. Conduct of committee

The doors of the room in which the select committee shall meet shall remain open during the examination of witnesses, but may be closed at any other time. All determinations required to be made by such committee shall be by a majority of the whole number appointed. As soon as the committee shall have agreed upon the same, two reports thereof shall be made in writing, one of which shall be delivered to the presiding officer of the Senate, and the other to the Speaker of the House of Representatives, which reports shall be entered on the journals of the respective houses, and shall be final and conclusive.

§ 3328. Report of committee to be final

If the committee, or a majority thereof as aforesaid, shall report that either of the candidates had the greatest number of legal votes, and ought to receive the nomination or to be admitted to the office, as the case may be, such candidate shall thereupon be entitled to such office or nomination.

§ 3329. New election if invalid; notice

If the committee, or a majority thereof, shall report that such election or return is invalid, a new election shall take place on the day of the general election ensuing, agreeably to the Constitution, of which the presiding officer of each house shall immediately give notice by their joint writ directed to the Secretary of the Commonwealth and the county boards of the respective counties; and the county boards of the respective counties shall give due notice thereof according to law. If the committee, or a majority thereof, shall report that such nomination is invalid, the vacancy in the party ticket shall be filled in the manner provided by section 979 of this act.

§ 3330. Pay of witnesses

Every witness subpoenaed attending the trial of any contested election of the first class, shall be allowed six cents for every mile of the distance necessarily traveled by him in coming to and returning from the place of trial, and shall also be allowed the sum of two dollars and fifty cents for every day he may be detained at the place of such trial, which mileage and expense, as well as the expense of summoning such witnesses, shall be taxed by the select committee and certified by their chairman to the Speaker of the House of Representatives or the presiding officer of the Senate, or both, as the case may require. The amount thereof, after having been first approved by the house or houses to which such certificate may be made, shall be paid by the treasurer of the county or counties in which the facts complained of took place, if such facts be substantiated, or by the treasurer of the county or counties in which the petitioners shall reside, if the statements in the petition shall not be substantiated, on orders drawn by the Speaker of the House of Representatives or the presiding officer of the Senate, or both, as the case may require.

(D) CONTESTED NOMINATIONS AND ELECTIONS OF THE SECOND CLASS

§ 3351. Court with two nearest president judges to have jurisdiction

Cases of the second class shall be tried and determined by the court, upon petition of at least one hundred electors as hereinafter provided.

§ 3352. Entry and effect of decision

After the hearing of the said case, the said judges shall, without unnecessary delay, decide which of the candidates voted for received the greatest number of legal votes, and is entitled to the nomination or office, which decision shall be entered of record to the case in the said court, and a certified copy thereof shall, within five (5) days from the rendering thereof, be delivered to the Secretary of the Commonwealth, whereupon the person who, by the decision of the court, shall appear to have received the largest number of votes, shall be entitled to the nomination or to the office, and be commissioned accordingly.

(E) CONTESTED NOMINATIONS AND ELECTIONS OF THE THIRD CLASS

§ 3376. Common pleas court of county of residence of candidate returned as elected to have jurisdiction

Contested nominations and elections of judges of courts of any judicial district of this Commonwealth shall be tried and determined before the court of common pleas of the county where the person returned as nominated or elected shall reside, in the following manner.

§ 3377. Procedure to contest; petition; personnel of court

Upon the petition in writing, as hereinafter provided, of at least fifty (50) registered electors of the district for which the person whose nomination or election is contested was returned as nominated or elected, presented to the Governor of the Commonwealth, complaining of an illegal primary or election or false return of any judge of a court of any judicial district of the Commonwealth the Governor shall without delay, direct the three president judges residing nearest to the courthouse of the county composing the district, or, if more than one county composes the judicial district, then those nearest the courthouse of the most populous county of the district, to convene without delay the court of common pleas of such county, and proceed to hear and determine the complaint of the said petition.

3378. Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1193], effective June 27, 1978

§ 3379. Certification and effect of decision

After such hearing the said judges shall, without delay, decide which of the candidates voted for received the greatest number of legal votes, and is entitled to the nomination or office, which decision shall be entered of record to the case in said court, and a certified copy thereof shall, within five (5) days from the rendering of such decision, be transmitted to the Secretary of the Commonwealth; whereupon the person who, by the said decision, shall appear to have received the largest number of votes, shall be entitled to the nomination, or to the office, and commissioned accordingly.

(F) CONTESTED NOMINATIONS AND ELECTIONS OF THE FOURTH CLASS

§ 3401. Jurisdiction to try

Contested nominations and elections of Senators and Representatives in the General Assembly of this Commonwealth and contested nominations of Representatives in Congress shall be tried and determined by the court of common pleas of the county where the person returned as such shall reside, in the following manner:

§ 3402. Method of contest; petition; notice

Upon petition in writing, as hereinafter provided, of at least twenty registered electors of the senatorial district in case of a senator and of the legislative district in case of a representative in the General Assembly, complaining of an illegal primary or election or false return of any senator or representative, or upon petition in writing as hereinafter provided of at least twenty registered electors of the congressional district in case of a representative in Congress, complaining of an illegal primary or false return of any representative in Congress, the court shall immediately appoint a suitable time for the hearing in open court of such complaint; notice of which shall be given to the person returned, at least ten days before such hearing.

§ 3403. Complainants and candidate returned shall be parties

On the trial of contested nominations or elections of senators and representatives in the General Assembly and of contested nominations of representatives in Congress, the petitioners complaining of nomination or the election, and the person returned as nominated or elected, shall be the parties thereto.

§ 3404. Powers and duties of the court

The court of common pleas to which a petition shall be presented as aforesaid, contesting the right of a candidate for senator or representative in the General Assembly to the nomination or to the seat for which he may have been returned as elected, or contesting the right of a candidate for representative in Congress to the nomination, shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same, and also to compel the production of all books, papers, tally lists, ballots, ballot boxes, voting machines and all documents which may be required at such hearing, in like manner, and to the same extent as in other cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest.

§ 3405. Decision of court

After the hearing as aforesaid, the court shall, without delay, decide which of the candidates voted for received the greatest number of legal votes and is entitled to the nomination or election.

§ 3406. Return of result to proper house

In the case of contested elections of senator and representative in the General Assembly, the Secretary of the Commonwealth shall, on the day of the meeting of the next General Assembly, or if in session, then immediately upon its reception, deliver to the presiding officer of the proper house the certified copy of the decision of the court aforesaid.

§ 3407. Appeal to proper house; requirements

Any claimant to a seat in either branch of the General Assembly, who shall feel aggrieved by the decision of the court in his case, may present his petition to the proper house within ten days after the meeting of the General Assembly, or within ten days after the decision shall have been made in his case, if the General Assembly shall then be in session, setting forth his claim, which petition shall have appended thereto the affidavit of the petitioner, setting forth that he believes that he was duly elected to the seat, and that the statements set forth in his petition are just and true, to the best of his knowledge and belief.

§ 3408. Action on appeal petition

Such petition, when presented, shall be referred to a standing committee on election, which committee shall proceed to hear the claims of the contestant and respondent, and report the facts and a resolution expressing the decision of the committee, for the consideration of the house; and the vote of the proper house on the claims of the contestant and respondent shall be final.

§ 3409. Vote on petition

No resolution deciding such question shall be adopted, unless it shall receive the votes of a majority of all the members elected to the house considering the same.

(G) CONTESTED NOMINATIONS AND ELECTIONS OF THE FIFTH CLASS

§ 3431. Jurisdiction

Cases of the fifth class shall be tried and determined upon petition of twenty registered electors, as hereinafter provided, by the court of common pleas of the county in which such contested election was held.

(H) GENERAL PROVISIONS RELATING TO CONTESTED NOMINATIONS AND ELECTIONS

§ 3456. Petition; time of filing; amendment

The commencement of proceedings in the case of contests of the second, third, fourth and fifth classes shall be by petition, which shall be made and filed, as herein required, within twenty days after the day of the primary or election, as the case may be. The petition shall concisely set forth the cause of complaint, showing wherein it is claimed that the primary or election is illegal, and after filing may be amended with leave of court, so as to include additional specifications of complaint. After any such amendment, a reasonable time shall be given to the other party to answer.

§ 3457. Petitioners and affidavits; requirements

In each of the aforesaid second, third, fourth and fifth classes, the petitioners shall be registered electors who voted at the primary or election so contested. In cases of the third class, each petition shall be verified by the affidavits of at least ten of the petitioners; in the second, fourth and fifth classes, by the affidavit of at least five of the petitioners. Such affidavits shall be taken and subscribed before some person authorized by law to administer oaths, and shall set forth that they believe the facts stated therein are true, that according to the best of their knowledge and belief, the primary or election was illegal and the return thereof not correct, and that the petition to contest the same is made in good faith.

§ 3458. Presentation of petition

The petition shall be presented to the court having jurisdiction, except where otherwise provided in this article, and if it shall set out a prima facie case, it shall be filed of record in the proper court, and thereupon a time shall be fixed for hearing.

§ 3459. Bond by petitioners

Whenever a petition to contest nomination or contest election of any class shall be presented to the General Assembly or to the court, it shall be the duty of said petitioners, within five days thereafter, to file a bond, signed by at least five of the said petitioners in such sum as the presiding officer of the Senate or said court shall designate, with two or more individual sureties or a corporate surety to be approved by the said officer or court or judge, conditioned for the payment of all costs which may accrue in said contested nomination or election proceeding, in case the said petitioners by decree shall be adjudged liable to pay said costs, and if the said bond shall not be filed, as herein provided, the said petition to contest the nomination or election shall be dismissed.

§ 3460. Notice of hearing

Notice of the filing of the petition, with a copy thereof, shall be served upon the person whose nomination or right of office shall be contested, together with a rule to answer at the time fixed for hearing, which notice, copy and rule shall be served such length of time before the day fixed for hearing as the said court or judge shall require, not exceeding seven days in cases of contested nominations at primaries preceding municipal elections, and not exceeding thirty days in all other cases.

§ 3461. Disqualification of judge

No judge shall sit on the trial of a case in which he shall be a party.

§ 3462. Substitute judges

In any case where, by reason of incompetency or any disability to act, there shall be no law judge of the judicial district in which any contest shall arise, present and able, as well as qualified to act, the judge, learned in the law, residing nearest the courthouse of the county in which, by the provisions of this article, the trial in any such case is required to be had, except in cases otherwise provided in this article, shall preside on the contest, and shall have and exercise all the powers and authority and discharge all the duties granted to or imposed upon the regular judges of the said courts in cases wherein they are qualified and required to act by the provisions of this article.

3463. Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1193], effective June 27, 1978

§ 3464. Powers of court

All of the said courts and judges hereby required to try any contested election case shall have plenary power to make, issue and enforce all necessary orders, rules, process and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in similar cases under the laws of this Commonwealth, or which may be necessary and proper to carry out the provisions of this article.

§ 3465. Power of court; witnesses; records

The proper court or judge shall have power to compel the attendance of any election officer or other person as a witness, and may also compel the production of all ballots, boxes, voting machines, books, papers, tally lists, returns of election, other documentary or record evidence, at discretion, for use at the trial, and may issue subpoenas and attachments for these purposes as in other proceedings in the courts of this Commonwealth, and all such books, papers, documents, ballots, boxes, voting machines and records, shall be returned to the proper custody.

§ 3466. Conduct of hearings; certified records; examiners

Certified copies of all election papers, registers of voters, and records, duly authenticated by the person having custody thereof, shall be competent evidence and prima facie proof of their contents; but the party against whom the same shall be produced shall have the right to compel the attendance of the person who certified them for cross-examination. Examiners to take and report evidence may be appointed, and reasonable notice of the time and place of taking the same shall be prescribed by the court or judge and served upon the opposite party.

§ 3467. Witnesses; duty to testify

In trials of contested nominations and elections, and in all proceedings for the investigation of primaries and elections, no person shall be permitted to withhold his testimony upon the ground that he may incriminate himself, or subject himself to public infamy, but such testimony shall not afterwards be used against him in any judicial proceedings, except for perjury in giving such testimony.

§ 3468. Witnesses and officers; fees

Witnesses and officers shall be paid the same fees as are now or hereafter shall be fixed by law for similar services in the county in which the trial shall be held.

§ 3469. Costs of contest if without probable cause

(a) In contested nominations or elections of all classes, if the committee or court or judge shall decide that the complaint is without probable cause, the petitioners, and every one of them, shall be jointly and severally liable for all the costs, and the same may be collected as debts of like amount are by law collectible.

§ 3470. Costs of contest if for probable cause

(a) In contested nominations or elections of electors of President and Vice-President, and State officers whose jurisdiction extends over the Commonwealth, in which the committee, or court or judge shall decide that the complaint is not without probable cause, the Commonwealth shall be liable for all costs. The said committee or court shall certify to the Auditor General a bill of such costs, which shall be adjusted and settled in the usual manner, and paid out of moneys appropriated for that purpose.

(b) Whenever, in contested nominations or elections of judges of courts of record, and of county, city, borough, township, ward, school district or poor district officers, the contestant or contestants establish his or their right to the nomination or office, or, if they fail to establish their rights, but the court or judge shall decide that the complaint was not without probable cause, the court or judge shall apportion all the costs among the proper districts, counties, cities, boroughs, townships, wards, school districts or poor districts, of the whole district in which contest is had, in such way as said court or judge shall think just, and shall compel by order, the payment of such amounts so apportioned to each, by the properly constituted authorities of each of the proper districts, counties, cities, boroughs, townships, wards, school districts or poor districts, as the payment of debts by the same can now be enforced.

§ 3471. Court or committee may limit time for taking testimony

In all contested nomination and election cases, the committee or court may, in its discretion, limit the time to be consumed in taking testimony, dividing said time equitably among all parties concerned, with a view therein to the circumstances of the matter and the proximity of the next succeeding election.

§ 3472. Nominations or elections declared invalid; filing of vacancies

Whenever in any contested nomination or election, the tribunal trying the case shall decide that the ballots or ballot labels used in one or more election districts, by reason of the omission, addition, misplacing, misspelling or misstatement of one or more titles of office, or names of candidates, or parties or bodies represented by them, were so defective as to the office in contest as to be calculated to mislead the voters in regard to any of the candidates nominated or seeking nomination for said office, and that the defective condition of the said ballots or ballot labels may have affected the result of the entire primary or election for said office, the said tribunal shall declare the primary or election to be invalid as regards the said office, and in the case of elections shall report their decision, in cases where vacancies in such offices are filled by appointment, to the proper officer or officers who are by law authorized to fill vacancies occurring in such office, who, upon receipt of such notice, shall, without delay, proceed to appoint a suitable person or persons to fill the vacancies thus created, and the person or persons so appointed shall continue in office until the next election succeeding his appointment at which such office is by law required to be filled. All other vacancies so created shall be filled in such manner as now or hereafter may be provided by law, and all vacancies in nominations so created shall be filled in the manner provided by section 979 of this act.

§ 3473. Specific findings by trial court

It is hereby made the duty of the judges in the court of common pleas trying an election contest to, first, find separately and explicitly the facts deemed by them material to the decision, and also such other facts as any party to the contest may request them in writing to ascertain; and second, to answer such points of law as may be submitted to them.

§ 3474. Certified copy of order of court to be forwarded to Secretary of the Commonwealth and county boards

Immediately upon the entry of any order or decree of court deciding any contested nomination or election, it shall be the duty of the prothonotary of said court to transmit immediately to the Secretary of the Commonwealth and to the proper county board a certified copy of said order or decree.

3475 to 3477. Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1193], effective June 27, 1978

ARTICLE XVIII. PENALTIES

§ 3501. Disobeying lawful instructions

Any person who wilfully disobeys any lawful instruction or order of any county board of elections, or who refuses to obey their subpoena duly issued and served under the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo an imprisonment not exceeding one (1) year, or both, in the discretion of the court.

§ 3502. Perjury

Any wilful false statement made under oath or affirmation or in writing, stating that it is so made, although such oath or affirmation may not have actually been made, by any person regarding any material matter or thing relating to any subject being investigated, heard, determined or acted upon by any county board of elections, or member thereof, or by any court or judge thereof, judge of election, inspector of election, or overseer, in accordance with the terms of this act, shall be perjury, a misdemeanor of the first degree, and any person 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.

§ 3502.1. False affidavits of candidates

Any candidate for State, county, city, borough, incorporated town, township or school district office or for the office of United States Senator or Representative in Congress or any other elective public office who knowingly makes a false statement regarding his eligibility or qualifications for such office in his candidate’s affidavit shall, in litigation which results in the removal of the candidate from the ballot, be liable for court costs, including filing fees, attorney fees, investigation fees and similar costs, in an amount up to ten thousand ($ 10,000) dollars.

§ 3503. Refusal to permit inspection of papers; destruction or removal; Secretary of the Commonwealth

Any Secretary of the Commonwealth, deputy, or employe of his office, who shall refuse to permit the public inspection or copying as authorized, except when in use in his office, by this act, of any return, nomination petition, certificate or paper, other petition, account, contract, report or any other document or record in his custody which, under the provisions of this act, is required to be open to public inspection; or who shall destroy or alter, or permit to be destroyed or altered, any such document or record during the period for which the same is required to be kept in his office; or who shall remove any such document or record from his office during said period, or permit the same to be removed, except pursuant to the direction of any competent court or any committee required to determine any contested primary or election, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3504. Refusal to permit inspection of papers; destruction or removal; county boards of elections

Any member, chief clerk or other employe of any county board of elections, who shall refuse to permit the public inspection or copying, as authorized by this act, of any general or duplicate return sheet, tally paper, affidavit, nomination petition, certificate or paper, other petition, witness list, account, contract, report or any other document or record in the custody of such county board which, under the provisions of this act, is required to be open to public inspection; or who shall destroy or alter, or permit to be destroyed or altered, any such document or record during the period for which the same is required to be kept in the office of such county board; or who shall remove any such document or record from the office of such county board during said period, or permit the same to be removed, except pursuant to the direction of any competent court or any committee required to determine any contested primary or election, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3505. Insertion and alteration of entries in documents; removal; refusal to deliver

Any member, chief clerk or employe of any county board of elections or judge, inspector or clerk of election, machine inspector, overseer, or other person, who knowingly inserts or knowingly permits to be inserted any fictitious name, false figure or other fraudulent entry on or in any registration card, district register, voter’s certificate, list of voters, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or other record or document authorized or required to be made, used, signed, returned or preserved for any public purpose in connection with any primary or election; or who materially alters or intentionally destroys any entry which has been lawfully made therein, except by order of the county board of elections or court of competent jurisdiction, or who takes or removes any such book, affidavit, return, account, ballot or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this act, or who neglects or refuses, within the time and in the manner required by this act, to deliver the same into the custody of the officers who are required by this act to use or keep the same, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month or more than two (2) years, or both, in the discretion of the court.

§ 3506. Refusal to permit overseers, watchers, attorneys or candidates to act

Any member of a county board of elections, judge of election or inspector of election who shall refuse to permit any overseer or watcher, attorney or candidate to be present, as authorized by this act, at any session of a county board, computation and canvassing of returns of any primary or election, recount of ballots or recanvass of voting machines, as authorized by this act, or at any polling place during the time the polls are open at any primary or election, and after the close of the polls during the time the ballots are counted or voting machine canvassed and until the returns of such primary or election have been made up and signed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment not exceeding one (1) year, or both, in the discretion of the court.

§ 3507. Driving away watchers, attorneys, candidates or overseers

Any person who by violence or intimidation shall threaten or drive away any watcher, attorney, candidate or overseer, or representative of the county board of elections, or of the Secretary of the Commonwealth, required or permitted to be present at any polling place, or who shall in any manner prevent any overseer, or representative of the county board of elections or of the Secretary of the Commonwealth from performing his duty under this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3508. Refusal to permit election officers, clerks and machine inspectors to act; driving away said persons

Any person, including any election officer, who shall refuse to permit any election officer, clerk or machine inspector, duly elected or appointed and authorized to act, to perform the duties imposed on him or to act as permitted by this act; or who shall by violence or intimidation threaten or drive away, any such election officer, clerk or machine inspector or who shall, in any manner, prevent any such election officer, clerk or machine inspector from performing his rights and duties under this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month or more than two (2) years, or both, in the discretion of the court.

§ 3509. Refusal to administer oath; acting without being sworn

If any judge of election or minority inspector of election refuses or fails to administer the oath to the officers of election, in the manner required by this act, or if any judge of election, inspector of election, clerk of election, or machine inspector, shall act without being first duly sworn, or if any such person shall sign the written form of oath without being duly sworn, or if any judge of election or minority inspector of election or any other person authorized to administer oaths shall certify that any such person was sworn when he was not, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred ($ 100) dollars, or to undergo an imprisonment not exceeding six (6) months, or both, in the discretion of the court.

§ 3510. Violation of oath of office by election officers

Any judge of election, inspector of election, clerk of election, or machine inspector who shall wilfully violate any of the provisions of his oath of office, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment not exceeding one (1) year, or both, in the discretion of the court.

§ 3511. Peace officers; failure to render assistance; hindering or delaying county board members and others

Any sheriff, deputy sheriff, constable, deputy constable, police or other peace officer, who shall fail upon demand of any member of a county board of elections, judge or inspector of election, or overseer to render such aid and assistance to him as he shall request in the maintenance of peace and in the making of arrests, as herein provided, or who shall wilfully hinder or delay or attempt to hinder or delay any member of a county board, judge or inspector of election, or overseer in the performance of any duty under this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo an imprisonment of not less than three (3) months nor more than two (2) years, or both, in the discretion of the court.

§ 3512. Nomination petitions and papers; offenses by signers

If any person shall knowingly and wilfully sign any nomination petition or nomination paper, without having the qualifications prescribed by this act, or if any person shall set opposite a signature on a nomination petition or paper, a date other than the actual date such signature was affixed thereto, or if any person shall set opposite the signature on a nomination petition or nomination paper, a false statement of the signer’s place of residence or occupation, or it any person shall sign more nomination petitions or nomination papers than permitted by the provisions of this act, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred ($ 100) dollars, or to undergo an imprisonment of not less than three (3) months nor more than two (2) years, or both, at the discretion of the court.

§ 3513. False signatures and statements in nomination petitions and papers

If any person shall knowingly make a false statement in any affidavit required by the provisions of this act, to be appended to or to accompany a nomination petition or a nomination paper, or if any person shall fraudulently sign any name not his own to any nomination petition or nomination paper, or if any person shall fraudulently alter any nomination petition or nomination paper without the consent of the signers, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3514. Nomination petitions; certificates and papers; destruction; fraudulent filing; suppression

Any person who shall falsely make any nomination certificate or who shall wilfully deface or destroy any nomination petition, nomination certificate or nomination paper, or any part thereof, or any letter of withdrawal, or who shall file any nomination petition, nomination certificate or nomination paper or letter of withdrawal knowing the same, or any part thereof, to be falsely made, or who shall suppress any nomination petition, nomination certificate or nomination paper, or any part thereof, which has been duly filed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3515. Offenses by printers of ballots

Any printer employed by any county board of elections to print any official ballots, or any person engaged in printing the same who shall appropriate to himself or give or deliver or knowingly permit to be taken any of said ballots by any other person than such county board of election or their duly authorized agent, or who shall wilfully print or cause to be printed any official ballot in any form other than that prescribed by such county board or with any other names or printing, or with the names spelled otherwise than as directed by them or the names or printing thereon arranged in any other way than that authorized and directed by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding on thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than six (6) months nor more than five (5) years, or both, in the discretion of the court.

§ 3516. Unlawful possession of ballots: counterfeiting ballots

Any person other than an officer charged by law with the care of ballots, or a person entrusted by any such officer with the care of the same for a purpose required by law, who shall have in his possession outside the polling place any official ballot, or any person who shall make or have in his possession any counterfeit of an official ballot, 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.

§ 3517. Forging and destroying ballots

Any person who shall forge or falsely make the official endorsement on any ballot or wilfully destroy or deface any ballot or wilfully delay the delivery of any ballots, 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.

§ 3518. Tampering with voting machines

Any election officer or other person who shall unlawfully open or who shall tamper with or injure or attempt to injure any voting machine to be used or being used at any primary or election, or who shall prevent or attempt to prevent the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key to a voting machine to be used or being used in any primary or election, 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.

§ 3519. Destroying, defacing or removing notices, et cetera

Any person who shall, prior to any primary or election, wilfully deface, remove or destroy any notice or list of candidates posted in accordance with the provisions of this act, or who, during any primary or election, shall wilfully deface, tear down, remove or destroy and card of instructions, notice of penalties, specimen ballot or diagram printed or posted for the instruction of electors, or who shall, during any primary or election, wilfully remove or destroy any of the supplies or conveniences furnished by the county board of elections to any polling place in order to enable electors to vote, or the election officers to perform their duties, or who shall wilfully hinder the voting of others, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred ($ 100) dollars, or to undergo an imprisonment of not more than three (3) months, or both, in the discretion of the court.

§ 3520. Police officers at polling places

Any police officer in commission, whether in uniform or in citizen’s clothes, who shall be within one hundred (100) feet of a polling place during the conduct of any primary or election, except in the exercise of his privilege of voting or for the purpose of serving warrants, or in accordance with the provisions of the exception set forth in section 1207 of this act where the police station or headquarters is located in the same building or on the premises where the polling place is located or unless called upon to preserve the peace, as provided by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3521. Peace officer; failure to quell disturbances at polls; hindering or delaying election officers and others

Any mayor, chief burgess, sheriff, deputy sheriff, constable, deputy constable, police officer or other peace officer who shall neglect or refuse to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from approaching, or who shall neglect or refuse to maintain order and quell any disturbance if such arises at any polling place upon the day of any primary or election, when called upon so to do by any election officer or any three qualified electors of the election district, or who shall wilfully hinder or delay, or attempt to hinder or delay, any judge, inspector or clerk of election, machine inspector or overseer in the performance of of any duty under this act, shall be guilty of a misdemeanor in office, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the direction of the court.

§ 3522. Repealed by 2009, Oct. 9, P.L. 494, No. 49, § 4(2)(xxx), effective in 60 days [Dec. 8, 2009]

§ 3523. Election officers permitting unregistered electors to vote; challenges; refusing to permit qualified electors to vote

Any judge or inspector of election who permits any person to vote at any primary or election who is not registered in accordance with law, except a person in actual military service or a person as to whom a court of competent jurisdiction has ordered that he shall be permitted to vote, or who permits any registered elector to vote knowing that such registered elector is not qualified to vote, whether or not such person has been challenged, or who permits any person who has been lawfully challenged to vote at any primary or election without requiring the proof of the right of such person to vote which is required by law, or who refuses to permit any duly registered and qualified elector to vote at any primary or election, with the knowledge that such elector is entitled to vote, shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, and to undergo an imprisonment of not more than seven (7) years, or both.

§ 3524. 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, or who gives to any such elector the ballot of any party in which he is not enrolled, 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, or so as to permit him to vote for the candidates of any party in which he is not enrolled, 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.

§ 3525. Frauds by election officers

Any judge, inspector or clerk of election or machine inspector who shall be guilty of any wilful fraud in the conduct of his duties at a primary or election, and any person who shall make a false return of the votes cast at any primary or election, or who shall deposit fraudulent ballots in the ballot box or certify as correct a return of ballots in the ballot box which he knows to be fraudulent, or who shall register fraudulent votes upon any voting machine or certify as correct a return of votes cast upon any voting machine which he knows to be fraudulently registered thereon, or who shall make any false entries in the district register, or who shall fail to insert in the voting check list the voter’s certificate of any elector actually voting at any primary or election, or who shall fail to record voting information as required herein, or who shall fail to insert in the numbered lists of voters the name of any person actually voting, or who shall wilfully destroy or alter any ballot, voter’s certificate, or registration card contained in any district register, or who shall wilfully tamper with any voting machine, or who shall prepare or insert in the voting check list any false voter’s certificates not prepared by or for an elector actually voting at such primary or election, for the purpose of concealing the destruction or removal of any voter’s certificate, or for the purpose of concealing the deposit of fraudulent ballots in the ballot box, or the registering of fraudulent votes upon any voting machine or of aiding in the perpetration of any such fraud, or who shall fail to return to the county board of election following any primary or election any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of election officers, affidavits of electors and others, record of assisted voters, numbered list of voters, district register, voting check list, unused, spoiled and cancelled ballots, ballots deposited, written or affixed in or upon a voting machine, or any certificate, or any other paper or record required to be returned under the provisions of this act; or who shall conspire with others to commit any of the offenses herein mentioned, or in any manner to prevent a free and fair primary or election, shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

§ 3526. Prying into ballots

Any judge, inspector or clerk of election, or other person, who, before any ballot is deposited in the ballot box as provided by this act, shall unfold, open or pry into any such ballot, with the intent to discover the manner in which the same has been marked, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3527. Interference with primaries and elections; frauds; conspiracy

If any person shall prevent or attempt to prevent any election officers from holding any primary or election, under the provisions of this act, or shall use or threaten any violence to any such officer; or shall interrupt or improperly interfere with him in the execution of his duty; or shall block up or attempt to block up the avenue to the door of any polling place; or shall use or practice any intimidation, threats, force or violence with design to influence unduly or overawe any elector, or to prevent him from voting or restrain his freedom of choice; or shall prepare or present to any election officer a fraudulent voter’s certificate not signed in the polling place by the elector whose certificate it purports to be; or shall deposit fraudulent ballots in the ballot box; or shall register fraudulent votes upon any voting machine; or shall tamper with any district register, voting check list, numbered lists of voters, ballot box or voting machine; or shall conspire with others to commit any of the offenses herein mentioned, or in any manner to prevent a free and fair primary or election, he shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

§ 3528. Persons interfering in other districts

Any person who shall on the day of any primary or election visit any polling place at which he is not entitled to vote and at which he is not entitled to be present under any provision of this act, and shall use any intimidation or violence for the purpose of preventing any election officer from performing the duties required of him by this act, or for the purpose of preventing any qualified elector from exercising his right to vote or from exercising his right to challenge any person offering to vote, or for the purpose of influencing the vote of any elector, he shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

§ 3529. Assault and battery at polls

Any person who shall unlawfully strike, wound or commit an assault and battery upon the person of any elector at or near the polling place during the time of any primary or election, 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.

§ 3530. Unlawful assistance in voting

Any elector at any primary or election who shall allow his ballot or the face of the voting machine voted by him to be seen by any person with the apparent intention of letting it be known how he is about to vote; or in districts in which ballots are used, shall cast or attempt to cast any other than the official ballot which has been given to him by the proper election officer; or who, without having made the declaration under oath or affirmation required by section 1218 of this act, or when the disability which he declared before any registration commission no longer exists, shall permit another to accompany him into the voting compartment or voting machine booth, or to mark his ballot or prepare the voting machine for voting by him; or who shall mark his ballot or prepare the voting machine for voting while another is unlawfully present in the voting machine compartment or voting machine booth with him; or who shall state falsely to any election officer that because of illiteracy he is unable to read the names on the ballot or ballot labels or that by reason of physical disability he cannot see or mark the ballot or enter the voting compartment without assistance or that he cannot see or operate the voting machine or enter the voting machine booth without assistance; or who shall state, as his reason for requiring assistance, a disability from which he does not suffer; or any person who shall go into the voting compartment or voting machine booth with another while voting or be present therein while another is voting, or mark the ballot of another or prepare the voting machine for voting with another, except in strict accordance with the provisions of this act; or any person who shall interfere with any elector when inside the enclosed space or when marking his ballot, or preparing the voting machine for voting, or who shall endeavor to induce any elector before depositing his ballot to show how he marks or has marked his ballot; or any person giving assistance who shall attempt to influence the vote of the elector whom he is assisting or who shall mark a ballot or prepare a voting machine for voting in any other way than that requested by the voter whom he is assisting, or who shall disclose to anyone the contents of any ballot which has been marked or any voting machine which has been prepared for voting with his assistance, except when required to do so in any legal proceeding, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3531. Election officers permitting unlawful assistance

Any election officer who shall permit a voter to be accompanied by another into the voting compartment or voting machine booth when the registration card of such person contains no declaration that such person requires assistance, or when such person has not made, under oath or affirmation, the statement required by section 1218 of this act, or when such election officer knows that the disability which the elector declared before any registration commission no longer exists, or who shall permit any person to accompany an elector into the voting compartment or voting machine booth, except as provided by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3531.1. Children in polling places and voting compartments or voting machine booths

Notwithstanding any other provision of this act, an elector may permit his or her minor child or children to accompany him or her into the polling place and may permit one such minor child to accompany him or her into the voting compartment or voting machine booth.

§ 3532. Failure to keep and return record of assisted voters

Any judge of election who shall fail to record, as required by section 1218(c) of this act, the name of each elector who received assistance or who is accompanied by another into the voting compartment or voting machine booth; or who shall insert in the record of assisted voters the name of any elector who does not receive assistance or is not accompanied by another into the voting compartment or voting machine booth; or who shall fail to record the exact disability of any assisted elector which makes the assistance necessary, or shall record in respect of any assisted elector a disability, other than that stated by the elector; or who shall fail to record the name of each person rendering assistance to an elector as prescribed by this act; or who shall knowingly record as the name of such person giving assistance a name which is not the name of such person; or who shall fail or neglect to return the record of assisted voters to the county board of elections as required by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than two (2) months nor more than two (2) years, or both, in the discretion of the court.

§ 3533. Unlawful voting

Any person who votes or attempts to vote at any primary or election, knowing that he does not possess all the qualifications of an elector at such primary or election, as set forth in this act, 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.

§ 3534. 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.

§ 3535. Repeat voting at elections

If any person shall vote in more than one election district, or otherwise fraudulently vote more than once at the same primary or election, or shall vote a ballot other than the ballot issued to him by the election officers, or shall advise or procure another so to do, he shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

§ 3536. Removing ballots

Any person removing any ballot from any book of official ballots, except in the manner provided by 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.

§ 3537. Commissioners to take soldiers’ votes

Any commissioner appointed by or under the provisions of Article XIII of this act who shall knowingly violate his duty or knowingly omit or fail to do his duty thereunder or violate any part of his oath, shall be guilty of perjury, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3538. Fraudulent voting by soldiers

Any person who shall vote or attempt to vote at any election by electors in military service under the provisions of Article XIII of this act, not being qualified to vote at such election, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3539. Bribery at elections

Any person who shall, directly or indirectly, give or promise or offer to give any gift or reward in money, goods or other valuable thing to any person, with intent to induce him to vote or refrain from voting for any particular candidate or candidates or for or against any constitutional amendment or other question at any primary or election; or who shall, directly or indirectly, procure for or offer or promise to procure for such person any such gift or reward with the intent aforesaid; or, who with the intent to influence or intimidate such person to give his vote or to refrain from giving his vote for any particular candidate or candidates or for or against any constitutional amendment or other question at any primary or election, shall give to or obtain for or assist in obtaining for or offer or promise to give to or obtain for or assist in obtaining for such person any office, place, appointment or employment, public or private, or threaten such person with dismissal or discharge from any office, place, appointment or employment, public or private, then held by him, shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($ 15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

§ 3540. Receipts and disbursements of primary and election expenses by persons other than candidates and treasurers

Any member of a political committee who shall receive or disburse any money or incur any liability for primary or election expenses, except through the treasurer of such political committee, and any person not a candidate or member of a political committee who shall receive or disburse any money or incur any liability for primary or election expenses, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3541. Receipts of primary and election expenses by unauthorized persons

Any person or any political committee who receives money on behalf of any candidate without being authorized to do so under the provisions of section 1623, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand dollars ($ 5,000), or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3542. Repealed by 1978, Oct. 4, P.L. 893, No. 171, § 4, effective Jan. 1, 1979

§ 3543. Contributions by corporations or unincorporated associations

Any corporation or unincorporated association, which shall pay, give or lend or agree to pay, give or lend any money belonging to such corporation or unincorporated association or in its custody or control, in violation of the provisions of section 1633, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than one thousand dollars ($ 1,000) nor more than ten thousand dollars ($ 10,000). Any director, officer, agent or employe of any corporation or unincorporated association who shall on behalf of such corporation or unincorporated association pay, give or lend or authorize to be paid, given or lent any money belonging to such corporation or unincorporated association or in its custody or control in violation of the provisions of section 1633 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($ 10,000), or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3544. Repealed by 1978, Oct. 4, P.L. 893, No. 171, § 6, effective Jan. 1, 1979

§ 3545. Failure to file expense account

Any candidate or treasurer of a political committee or person acting as such treasurer who shall fail to file an account of primary or election expenses, as required by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand dollars ($ 5,000), or to undergo an imprisonment of not less than one (1) month nor more than two (2) years, or both, in the discretion of the court.

§ 3546. Repealed by 1978, Oct. 4, P.L. 893, No. 171, § 8, effective Jan. 1, 1979

§ 3547. Prohibiting duress and intimidation of voters and interference with the free exercise of the elective franchise

Any person or corporation who, directly or indirectly—(a) uses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation or coercion upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for or against any particular person, or for or against any question submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be placed his name upon a register of voters, or on account of such person having voted or refrained from voting at such election, or having voted or refrained from voting for or against any particular person or persons or for or against any question submitted to voters at such election, or having registered or refrained from registering as a voter; or (b) by abduction, duress or coercion, or any forcible or fraudulent device or contrivance, whatever, impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any voter, or compels, induces, or prevails upon any voter to give or refrain from giving his vote for or against any particular person at any election; or (c) being an employer, pays his employes the salary or wages due in “pay envelopes” upon which or in which there is written or printed any political motto, device, statement or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes, or within ninety days of any election or primary puts or otherwise exhibits in the establishment or place where his employes are engaged in labor, any handbill or placard containing any threat, notice, or information that if any particular ticket or candidate is elected or defeated work in his place or establishment will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employes, shall be guilty of a misdemeanor of the second degree. Any person or corporation, convicted of a violation of any of the provisions of this section, shall be sentenced to pay a fine not exceeding five thousand ($ 5,000) dollars, or such person or the officers, directors or agents of such corporation responsible for the violation of this section, shall be sentenced to undergo an imprisonment of not more than two (2) years, or both, in the discretion of the court.

§ 3548. Failure to perform duty

Any Secretary of the Commonwealth, member of a county board of elections, chief clerk, employe, overseer, judge of election, inspector of election, clerk of election, machine inspector or custodian or deputy custodian of voting machines on whom a duty is laid by this act who shall wilfully neglect or refuse to perform his duty, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than two (2) years, or both, in the discretion of the court.

§ 3549. Hindering or delaying performance of duty

Any person who intentionally interferes with, hinders or delays or attempts to interfere with, hinder or delay any other person in the performance of any act or duty authorized or imposed by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($ 500) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3550. Violation of any provision of act

Any person who shall violate any of the provisions of this act, for which a penalty is not herein specifically provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand ($ 1,000) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court.

§ 3551. Candidate violating act disqualified from holding office

Any person who shall, while a candidate for office, be guilty of bribery, fraud or willful violation of any provision of this act, shall be forever disqualified from holding said office or any other office of trust or profit in this Commonwealth.

§ 3552. Persons convicted of violating act to be disfranchised for four years

Any person convicted of the willful violation of any provision of this act shall, in addition to any of the penalties herein provided for, be deprived of the right of suffrage absolutely for a term of four years from the date of his conviction, and it shall be the duty of the proper registration commission to cause one of its members at the request of the trial judge to produce in court at the time of sentence the district register containing the registration card of such convicted person, which registration card shall thereupon be forthwith cancelled in open court in the presence of the convicted person by a member of the registration commission, who shall promptly also cancel the registration card of such convicted person in the general register.

§ 3553. Violations of provisions relating to absentee and mail-in ballots

If any person shall sign an application for absentee ballot, mail-in ballot or declaration of elector on the forms prescribed knowing any matter declared therein to be false, or shall vote any ballot other than one properly issued to the person, or vote or attempt to vote more than once in any election for which an absentee ballot or mail-in ballot shall have been issued to the person, or shall violate any other provisions of Article XIII or Article XIII-D of this act, the person shall be guilty of a misdemeanor of the third degree, and, upon conviction, shall be sentenced to pay a fine not exceeding two thousand five hundred ($2,500), or be imprisoned for a term not exceeding two (2) years, or both, at the discretion of the court.

If any chief clerk or member of a board of elections, member of a return board or member of a board of registration commissioners, shall neglect or refuse to perform any of the duties prescribed by Article XIII or Article XIII-D of this act, or shall reveal or divulge any of the details of any ballot cast in accordance with the provisions of Article XIII or Article XIII-D of this act, or shall count an absentee ballot or mail-in ballot knowing the same to be contrary to Article XIII or Article XIII-D, or shall reject an absentee ballot or mail-in ballot without reason to believe that the same is contrary to Article XIII or Article XIII-D, or shall permit an elector to cast the elector’s ballot at a polling place knowing that there has been issued to the elector an absentee ballot, the elector shall be guilty of a felony of the third degree, and, upon conviction, shall be punished by a fine not exceeding fifteen thousand dollars ($15,000), or be imprisoned for a term not exceeding seven (7) years, or both, at the discretion of the court.

§ 3554. Violation of provisions relating to absentee voting [Repealed]

§ 3555. Enforcement

(a) The Attorney General shall have prosecutorial jurisdiction over all violations committed under this act.

(b) The district attorney of any county in which a violation has occurred shall have concurrent powers and responsibilities with the Attorney General over violations committed under this act.

ARTICLE XVIII-A. CONGRESSIONAL DISTRICTS

(REPEALED)

§§ 3571 to 3573. Repealed by 1998, Feb. 13, P.L. 72, No. 18, § 22, imd. effective

ARTICLE XIX. REPEALS (§ 3591)

§ 3591. Repeal

Chapter 14A. Congressional Districts

ACT 1 OF 2002

(Repealed)

§§ 3595.1 to 3595.6. Repealed by 2002, April 18, P.L. 248, No. 34, § 1501(a), effective November 6, 2002

CONGRESSIONAL REDISTRICTING ACT OF 2002

CHAPTER 1. PRELIMINARY PROVISIONS

§ 3595.101. Short title

This act shall be known and may be cited as the Congressional Redistricting Act of 2002.

§ 3595.102. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Act 1 of 2002.” The act of January 7, 2002 (P.L. 1, No. 1), entitled “An act to apportion the Commonwealth of Pennsylvania into congressional districts in conformity with constitutional requirements; providing for the nomination and election of Congressmen; and requiring publication of notice of the establishment of congressional districts following the Federal decennial census.”
“Secretary.” The Secretary of the Commonwealth.

CHAPTER 3. ESTABLISHMENT OF CONGRESSIONAL DISTRICTS 

§ 3595.301. Congressional districts

For the purpose of electing representatives of the people of Pennsylvania to serve in the House of Representatives in the Congress of the United States, this Commonwealth shall be divided into 19 districts which shall have one Congressman each, as follows:
(1) The First District is composed of part of Delaware County consisting of the City of Chester and the Townships of Chester, Darby Wards 1 and 2, Ridley Ward 1 (Division 2) and Tinicum Wards 1, 2 and 4 and the Boroughs of Colwyn, Darby, Eddystone and Yeadon; and part of Philadelphia County consisting of the City of Philadelphia Wards 1, 2, 3, 4, 5, 7, 10, 14, 15 (Divisions 3, 7, 10, 15, 16, 17 and 19), 17, 18, 19, 20, 23 (Divisions 1, 2, 3, 4, 5, 6, 7, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23), 25 (Divisions 1, 2, 4, 5,6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24), 26 (Divisions 2 and 23), 31, 33 (Divisions 1, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24), 34, 37, 39, 40, 42, 43, 45 (Division 19), 49 (Divisions 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 22 and 23), 53 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 22 and 23), 54, 55 (Division 15), 61 (
Division 1)
and 62 (Divisions 7, 10, 11, 14, 20 and 23).
(2) The Second District is composed of part of Montgomery County consisting of the Township of Cheltenham; and part of Philadelphia County consisting of the City of Philadelphia Wards 6, 8, 9, 11, 12, 13, 15 (Divisions 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14 and 18), 16, 21, 22, 23 (Divisions 8, 10, 11 and 12), 24, 26 (Divisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 24), 27, 28, 29, 30, 32, 33 (Divisions 2, 3 and 11), 35 (Divisions 1, 13, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30 and 31), 36, 38, 44, 46, 47, 48, 49 (Divisions 7, 8, 18, 20, 24 and 25), 50, 51, 52, 59, 60 and 61 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28) .
(3) The Third District is composed of part of Armstrong County consisting of the Townships of Boggs, Bradys Bend, Cadogan, Cowanshannock, East Franklin, Hovey, Kittanning, Madison, Mahoning, North Buffalo District Western, Perry, Pine, Rayburn, Redbank, South Buffalo District Western, Sugarcreek, Valley, Washington, Wayne and West Franklin and the Boroughs of Applewold, Atwood, Dayton, Parker City, Rural Valley, South Bethlehem, West Kittanning and Worthington; part of Butler County consisting of the City of Butler and the Townships of Allegheny, Brady, Butler, Center, Cherry, Clay, Clearfield, Concord, Connoquenessing, Donegal, Fairview, Forward, Franklin, Jefferson, Marion, Mercer, Muddy Creek, Oakland, Parker, Penn, Slippery Rock, Summit, Venango, Washington, Winfield and Worth and the Boroughs of Bruin, Cherry Valley, Chicora, Connoquenessing, East Butler, Eau Claire, Evans City, Fairview, Harrisville, Karns City, Petrolia, Portersville, Prospect, Saxonburg, Slippery Rock, West Liberty and West Sunbury; part of Crawford County consisting of the City of Meadville and the Townships of Athens, Beaver, Bloomfield, Cambridge, Conneaut, Cussewago, East Fairfield, East Fallowfield, East Mead, Fairfield, Greenwood, Hayfield, North Shenango, Pine, Randolph, Richmond, Rockdale, Sadsbury, South Shenango, Sparta, Spring, Steuben, Summerhill, Summit, Troy, Union, Venango, Vernon, Wayne, West Fallowfield, West Mead, West Shenango and Woodcock and the Boroughs of Blooming Valley, Cambridge Springs, Centerville, Cochranton, Conneaut Lake, Conneautville, Linesville, Saegertown, Spartansburg, Springboro, Townville, Venango and Woodcock; all of Erie County; part of Mercer County consisting of the Cities of Hermitage Districts Ne, Nw, Se and Sw (Division 1) and Sharon and the Townships of Coolspring, Deer Creek, Delaware, East Lackawannock, Fairview, Findley, French Creek, Greene, Hempfield, Jackson, Jefferson, Lackawannock, Lake, Liberty, Mill Creek, New Vernon, Otter Creek, Perry, Pine, Pymatuning, Salem, Sandy Creek, Sandy Lake, South Pymatuning, Springfield, Sugar Grove, West Salem, Wilmington, Wolf Creek and Worth and the Boroughs of Clark, Fredonia, Greenville, Grove City, Jackson Center, Jamestown, Mercer, New Lebanon, Sandy Lake, Sharpsville, Sheakleyville and Stoneboro; part of Venango County consisting of the Townships of Clinton, Irwin, Richland, Rockland and Scrubgrass and the Boroughs of Barkeyville, Clintonville and Emlenton; and part of Warren County consisting of the City of Warren and the Townships of Brokenstraw, Columbus, Eldred, Farmington, Freehold, Glade, Pine Grove, Spring Creek, Sugar Grove and Triumph and the Boroughs of Bear Lake, Sugar Grove and Youngsville.
(4) The Fourth District is composed of part of Allegheny County consisting of the Townships of Aleppo, East Deer Ward 1, Fawn, Frazer, Hampton, Harmar, Harrison, Indiana, Kilbuck, Leet, Marshall, McCandless, Neville Ward 3, O’Hara Wards 1 (Division 1), 2, 3, 4 and 5, Ohio, Pine, Richland, Ross, Shaler, Springdale and West Deer and the Boroughs of Aspinwall, Avalon Ward 3 (Division 1), Bell Acres, Ben Avon, Ben Avon Heights, Brackenridge, Bradford Woods, Cheswick, Edgeworth, Emsworth, Etna Ward 3, Fox Chapel, Franklin Park, Glenfield, Haysville, Leetsdale, Oakmont, Osborne, Plum, Sewickley, Sewickley Heights, Sewickley Hills, Springdale and West View; part of Beaver County consisting of the Cities of Aliquippa and Beaver Falls and the Townships of Brighton, Center, Chippewa, Darlington, Daugherty, Franklin, Greene, Hanover District West, Harmony, Hopewell, Independence, Marion, New Sewickley, North Sewickley, Patterson, Potter, Pulaski, Raccoon, Rochester, South Beaver, Vanport and White and the Boroughs of Ambridge, Baden, Beaver, Big Beaver, Bridgewater, Conway, Darlington, East Rochester, Eastvale, Economy, Fallston, Freedom, Georgetown, Glasgow, Homewood, Hookstown, Industry, Koppel, Midland, Monaca, New Brighton, New Galilee, Ohioville, Patterson Heights, Rochester, Shippingport, South Heights and West Mayfield; part of Butler County consisting of the Townships of Adams, Buffalo, Clinton, Cranberry, Jackson, Lancaster and Middlesex and the Boroughs of Callery, Harmony, Mars, Seven Fields, Valencia and Zelienople; all of Lawrence County; part of Mercer County consisting of the Cities of Farrell and Hermitage District Sw (Divisions 2 and 3) and the Township of Shenango and the Boroughs of West Middlesex and Wheatland; and part of Westmoreland County consisting of the Boroughs of Delmont, Export and Murrysville.
(5) The Fifth District is composed of all of Cameron County; all of Centre County; all of Clarion County; part of Clearfield County consisting of the City of Dubois and the Townships of Beccaria Precinct 2, Bell, Bigler, Bloom, Boggs (all blocks except 4060 and 4061 of tract 331000), Bradford, Brady, Cooper, Covington, Decatur, Ferguson, Girard, Goshen, Graham, Greenwood, Huston, Karthaus, Lawrence, Morris, Penn, Pike, Pine, Sandy, Union and Woodward and the Boroughs of Brisbin, Chester Hill, Clearfield, Curwensville, Glen Hope, Grampian, Houtzdale, Lumber City, Mahaffey, Osceola Mills, Troutville and Wallaceton; all of Clinton County; part of Crawford County consisting of the City of Titusville and the Townships of Oil Creek and Rome and the Borough of Hydetown; all of Elk County; all of Forest County; all of Jefferson County; part of Juniata County consisting of the Township of Fayette; part of Lycoming County consisting of the Townships of Anthony, Armstrong, Bastress, Brown, Clinton, Cummings, Fairfield, Jackson, Limestone, McHenry, McNett, Mifflin, Nippenose, Old Lycoming, Piatt, Pine, Porter, Susquehanna, Washington, Watson and Woodward and the Boroughs of Duboistown, Jersey Shore, Montgomery, Montoursville, Salladasburg and South Williamsport; all of McKean County; part of Mifflin County consisting of the Townships of Armagh, Decatur, Derry and Granville and the Boroughs of Burnham, Juniata Terrace and Lewistown; all of Potter County; part of Tioga County consisting of the Townships of Bloss, Brookfield, Charleston, Chatham, Clymer, Covington, Deerfield, Delmar, Duncan, Elk, Farmington, Gaines, Hamilton, Jackson, Lawrence, Liberty, Middlebury, Morris, Nelson, Osceola, Putnam, Richmond, Rutland, Shippen, Sullivan, Tioga, Union and Westfield and the Boroughs of Blossburg, Elkland, Knoxville, Lawrenceville, Liberty, Mansfield, Roseville, Tioga, Wellsboro and Westfield; part of Venango County consisting of the Cities of Franklin and Oil City and the Townships of Allegheny, Canal, Cherrytree, Cornplanter, Cranberry, Frenchcreek, Jackson, Mineral, Oakland, Oil Creek, Pinegrove, Plum, President, Sandycreek and Victory and the Boroughs of Cooperstown, Pleasantville, Polk, Rouseville, Sugarcreek and Utica; and part of Warren County consisting of the Townships of Cherry Grove, Conewango, Deerfield, Elk, Limestone, Mead, Pittsfield, Pleasant, Sheffield, Southwest and Watson and the Boroughs of Clarendon and Tidioute.
(6) The Sixth District is composed of part of Berks County consisting of the City of Reading Wards 1, 3 (Division 2), 9 (Division 5), 13 (Divisions 4 and 5), 14 (Divisions 1, 5 and 6), 16, 17, 18 and 19 (Division 1) and the Townships of Amity, Brecknock, Caernarvon, Colebrookdale, Cumru, District, Douglass, Earl District 2, Exeter, Hereford District 1, Longswamp, Lower Alsace, Maxatawny, Muhlenberg Districts 1 and 4, Robeson, South Heidelberg Precinct 2, Spring Districts 1, 2, 3, 4, 5, 6 and 7, Union and Washington and the Boroughs of Adamstown, Bally, Bechtelsville, Birdsboro, Boyertown, Kenhorst, Kutztown, Mohnton, Mount Penn, New Morgan, Shillington, Sinking Spring, St. Lawrence, Topton, West Lawn, West Reading, Wyomissing and Wyomissing Hills; part of Chester County consisting of the City of Coatesville and the Townships of Caln, Charlestown, East Bradford Districts North and South (Division 2), East Brandywine, East Caln, East Coventry, East Nantmeal, East Pikeland, East Vincent, East Whiteland, Honey Brook, North Coventry, Pocopson, Sadsbury, Schuylkill, South Coventry, Tredyffrin, Upper Uwchlan, Uwchlan, Valley, Wallace, Warwick, West Bradford, West Brandywine, West Caln, West Nantmeal, West Pikeland, West Sadsbury, West Vincent and West Whiteland and the Boroughs of Atglen, Downingtown, Elverson, Honey Brook, Modena, Phoenixville Wards East (Divisions 2 and 3), Middle, North and West, South Coatesville and Spring City; part of Lehigh County consisting of the Township of Upper Macungie District 3; and part of Montgomery County consisting of the Townships of East Norriton, Limerick, Lower Merion, Perkiomen, Plymouth Districts 1, 3 (Division 2) and 4, Skippack, Whitemarsh District West (Divisions 1 and 2), Whitpain District 8 and Worcester and the Boroughs of Collegeville, Conshohocken District 1, Narberth, Norristown, Pottstown and Trappe.
(7) The Seventh District is composed of part of Chester County consisting of the Townships of East Goshen, Easttown, Thornbury, West Goshen, Westtown and Willistown and the Boroughs of Malvern and Phoenixville Ward East (Division 1); part of Delaware County consisting of the Townships of Aston, Bethel, Chadds Ford, Concord, Darby Wards 3, 4 and 5, Edgmont, Haverford, Lower Chichester, Marple, Middletown, Nether Providence, Newtown, Radnor, Ridley Wards 1 (Divisions 1 and 3), 2, 3, 4, 5, 6, 7, 8 and 9, Springfield, Thornbury, Tinicum Wards 3 and 5, Upper Chichester, Upper Darby and Upper Providence and the Boroughs of Aldan, Brookhaven, Chester Heights, Clifton Heights, Collingdale, East Lansdowne, Folcroft, Glenolden, Lansdowne, Marcus Hook, Media, Millbourne, Morton, Norwood, Parkside, Prospect Park, Ridley Park, Rose Valley, Rutledge, Sharon Hill, Swarthmore, Trainer and Upland; and part of Montgomery County consisting of the Townships of Lower Providence, Upper Merion, Upper Providence and West Norriton and the Boroughs of Bridgeport, Conshohocken Districts 2, 3, 4, 5, 6 and 7, Royersford and West Conshohocken.
(8) The Eighth District is composed of all of Bucks County; part of Montgomery County consisting of the Townships of Abington Wards 5 (Division 2), 8 (Division 1) and 15 (Division 2), Upper Dublin Districts 3 and 5 (Division 2) and Upper Moreland Districts 2 and 3 (Division 2); and part of Philadelphia County consisting of the City of Philadelphia Wards 58 (Divisions 4, 6, 7, 20, 21, 22, 24, 29, 31, 39 and 41) and 66 (Divisions 2, 3, 4, 5, 6, 9, 11, 14, 16, 20, 22, 25, 30, 33, 34, 35, 36, 37, 42, 44, 45 and 46).
(9) The Ninth District is composed of all of Bedford County; all of Blair County; part of Cambria County consisting of the Townships of Allegheny, Chest, Clearfield, Dean, Elder, Gallitzin, Reade, Susquehanna District South and White and the Boroughs of Ashville, Chest Springs, Gallitzin, Hastings, Loretto, Northern Cambria, Patton and Tunnelhill (Cambria County portion); part of Clearfield County consisting of the Townships of Beccaria Precinct 1, Boggs (only blocks 4060 and 4061 of tract 331000), Burnside, Chest, Gulich, Jordan and Knox and the Boroughs of Burnside, Coalport, Irvona, New Washington, Newburg, Ramey and Westover; part of Cumberland County consisting of the Townships of Cooke, Dickinson Precinct North, Hopewell, Lower Frankford, Lower Mifflin, Middlesex Precinct 1, North Middleton, North Newton, Penn, South Newton, Southampton Districts Lower and Upper (Precinct 1), Upper Frankford, Upper Mifflin and West Pennsboro Precinct Upper and the Boroughs of Newburg and Newville; part of Fayette County consisting of the City of Connellsville Wards 4 and 5 and the Townships of Connellsville, Dunbar District 1, Georges Districts 1 and 2, Henry Clay, Nicholson District 1, North Union District 3, South Union District 3, Springfield, Springhill District 1, Stewart and Wharton and the Boroughs of Fairchance, Markleysburg, Ohiopyle, Smithfield and South Connellsville; all of Franklin County; all of Fulton County; all of Huntingdon County; part of Indiana County consisting of the Townships of Armstrong, Banks, Black Lick, Brush Valley, Buffington, Burrell, Canoe, Center, Conemaugh, East Mahoning, East Wheatfield, Grant, Green, Montgomery, North Mahoning, Rayne, South Mahoning, Washington, West Mahoning, West Wheatfield, White Districts 3, 4 and 6 and Young and the Boroughs of Armagh, Blairsville, Cherry Tree, Creekside, Ernest, Glen Campbell, Homer City, Indiana Districts 1 and 4, Marion Center, Plumville, Saltsburg, Shelocta and Smicksburg; part of Juniata County consisting of the Townships of Beale, Delaware, Fermanagh, Greenwood, Lack, Milford, Monroe, Spruce Hill, Susquehanna, Turbett, Tuscarora and Walker and the Boroughs of Mifflin, Mifflintown, Port Royal and Thompsontown; part of Mifflin County consisting of the Townships of Bratton, Brown, Menno, Oliver, Union and Wayne and the Boroughs of Kistler, McVeytown and Newton Hamilton; part of Perry County consisting of the Townships of Carroll, Greenwood, Howe, Jackson, Liverpool, Northeast Madison, Oliver (only block 6999 of tract 030200), Rye, Saville, Southwest Madison, Toboyne and Tyrone and the Boroughs of Blain, Landisburg, Liverpool, Marysville, Millerstown and Newport District 2; part of Somerset County consisting of the Townships of Addison, Allegheny, Black, Brothersvalley, Elk Lick, Fairhope, Greenville, Larimer, Lower Turkeyfoot, Milford, Northampton, Ogle, Shade, Somerset, Southampton, Stonycreek, Summit and Upper Turkeyfoot and the Boroughs of Addison, Berlin, Callimont, Casselman, Central City, Confluence, Garrett, Indian Lake, Meyersdale, New Baltimore, New Centerville, Rockwood, Salisbury, Shanksville, Somerset, Ursina and Wellersburg; and part of Westmoreland County consisting of the Township of Derry District Torrance.
(10) The Tenth District is composed of all of Bradford County; part of Lackawanna County consisting of the City of Carbondale and the Townships of Abington, Benton, Carbondale, Clifton, Covington, Elmhurst, Fell, Glenburn, Greenfield, Jefferson, La Plume, Madison, Newton, North Abington, Ransom, Roaring Brook, Scott, South Abington, Spring Brook, Thornhurst and West Abington and the Boroughs of Archbald, Clarks Green, Clarks Summit, Dalton, Dickson City Wards 1 (Divisions 2, 3 and 4), 2 and 3, Jermyn, Jessup Wards 1, 2 and 3 (Divisions 2 and 3), Mayfield, Moscow, Olyphant Ward 1 and Vandling; part of Luzerne County consisting of the Townships of Dallas, Exeter, Fairmount, Franklin, Kingston, Lake, Lehman and Ross and the Boroughs of Dallas, Forty Fort, Harveys Lake, Kingston, Swoyersville Wards 1 and 2, West Wyoming and Wyoming; part of Lycoming County consisting of the City of Williamsport and the Townships of Brady, Cascade, Cogan House, Eldred, Franklin, Gamble, Hepburn, Jordan, Lewis, Loyalsock, Lycoming, McIntyre, Mill Creek, Moreland, Muncy, Muncy Creek, Penn, Plunketts Creek, Shrewsbury, Upper Fairfield and Wolf and the Boroughs of Hughesville, Muncy and Picture Rocks; all of Montour County; all of Northumberland County; all of Pike County; all of Snyder County; all of Sullivan County; all of Susquehanna County; part of Tioga County consisting of the Township of Ward; all of Union County; all of Wayne County; and all of Wyoming County.
(11) The Eleventh District is composed of all of Carbon County; all of Columbia County; part of Lackawanna County consisting of the City of Scranton and the Boroughs of Blakely, Dickson City Ward 1 (Division 1), Dunmore, Jessup Ward 3 (Division 1), Moosic, Old Forge, Olyphant Wards 2, 3 and 4, Taylor and Throop; part of Luzerne County consisting of the Cities of Hazleton, Nanticoke, Pittston and Wilkes-Barre and the Townships of Bear Creek, Black Creek, Buck, Butler, Conyngham, Dennison, Dorrance, Fairview, Foster, Hanover, Hazle, Hollenback, Hunlock, Huntington, Jackson, Jenkins, Nescopeck, Newport, Pittston, Plains, Plymouth, Rice, Salem, Slocum, Sugarloaf, Union, Wilkes-Barre and Wright and the Boroughs of Ashley, Avoca, Bear Creek Village, Conyngham, Courtdale, Dupont, Duryea, Edwardsville, Exeter, Freeland, Hughestown, Jeddo, Laflin, Larksville, Laurel Run, Luzerne, Nescopeck, New Columbus, Nuangola, Penn Lake Park, Plymouth, Pringle, Shickshinny, Sugar Notch, Swoyersville Ward 3, Warrior Run, West Hazleton, West Pittston, White Haven and Yatesville; and all of Monroe County.
(12) The Twelfth District is composed of part of Allegheny County consisting of the Townships of East Deer Ward 2 and Forward District 3 and the Borough of Tarentum; part of Armstrong County consisting of the Townships of Bethel, Burrell, Gilpin, Kiskiminetas, Manor, North Buffalo District Eastern, Parks, Plumcreek, South Bend and South Buffalo District Eastern and the Boroughs of Apollo, Elderton, Ford City, Ford Cliff, Freeport, Kittanning, Leechburg, Manorville and North Apollo; part of Cambria County consisting of the City of Johnstown and the Townships of Adams, Barr, Blacklick, Cambria, Conemaugh, Cresson, Croyle, East Carroll, East Taylor, Jackson, Lower Yoder, Middle Taylor, Munster, Portage, Richland, Stonycreek, Summerhill, Susquehanna District North, Upper Yoder, Washington, West Carroll and West Taylor and the Boroughs of Brownstown, Carrolltown, Cassandra, Cresson, Daisytown, Dale, East Conemaugh, Ebensburg, Ehrenfeld, Ferndale, Franklin, Geistown, Lilly, Lorain, Nanty Glo, Portage, Sankertown, Scalp Level, South Fork, Southmont, Summerhill, Vintondale, Westmont and Wilmore; part of Fayette County consisting of the Cities of Connellsville Wards 1, 2, 3 and 6 and Uniontown and the Townships of Brownsville, Bullskin, Dunbar Districts 2, 3 and 4, Franklin, Georges Districts 3 and 4, German, Jefferson, Lower Tyrone, Luzerne, Menallen, Nicholson Districts 2 and 3, North Union Districts 1, 2, 4 and 5, Perry, Redstone, Saltlick, South Union Districts 1 and 2, Springhill District 2, Upper Tyrone and Washington and the Boroughs of Belle Vernon, Brownsville, Dawson, Dunbar, Everson, Fayette City, Masontown, Newell, Perryopolis, Point Marion and Vanderbilt; all of Greene County; part of Indiana County consisting of the Townships of Cherryhill, Pine and White Districts 1 and 2 and the Boroughs of Clymer and Indiana Districts 2 and 3; part of Somerset County consisting of the Townships of Conemaugh, Jefferson, Jenner, Lincoln, Middlecreek, Paint and Quemahoning and the Boroughs of Benson, Boswell, Hooversville, Jennerstown, Paint, Seven Springs, Stoystown and Windber; part of Washington County consisting of the Cities of Monongahela and Washington and the Townships of Canton, Carroll Districts 2, 3 and 5, Chartiers Districts 3, 5, 6 and 7, East Bethlehem, Fallowfield Districts 1, 2 and 4, North Bethlehem, North Strabane Districts 2 and 3, Somerset, South Strabane Districts 2, 4 and 5, Union, West Bethlehem and West Pike Run and the Boroughs of Allenport, Beallsville, Bentleyville, California, Canonsburg Wards 2 and 3 (Division 1), Centerville, Charleroi Districts 1, 3 and 4, Coal Center, Cokeburg, Deemston, Donora, Dunlevy, East Washington District 2, Elco, Ellsworth, Finleyville, Houston, Long Branch, Marianna, New Eagle, North Charleroi, Roscoe, Speers, Stockdale, Twilight and West Brownsville; and part of Westmoreland County consisting of the Cities of Arnold, Latrobe, Lower Burrell, Monessen and New Kensington and the Townships of Allegheny, Bell, Derry Districts Alters, Bradenville, Cokeville, Cooperstown, Kingston, Loyalhanna, Millwood, New Derry, Peanut, Saxman, Scalp Level and Simpsons, East Huntingdon District Bessemer, Fairfield, Hempfield Districts Bovard, Hannastown and Luxor, Loyalhanna, Mount Pleasant Districts Bridgeport, Duncan, Heccla, Laurel Run, Mammoth, Spring Garden, United and Westmoreland, Rostraver, Salem Districts Hugus and Mechlings, Sewickley Districts East Herminie, Lowber, Rillton, Sewickley and West Herminie, South Huntingdon Districts Jacobs Creek, Mineral, Port Royal, Wayne, Wyano and Yukon, St. Clair, Unity Districts Crabtree, Dorothy, Lloydsville, Mutual and Pleasant Unity, Upper Burrell and Washington Districts North Washington and Paulton and the Boroughs of Avonmore, Bolivar, Derry, East Vandergrift, Hyde Park, Mount Pleasant, New Alexandria, New Florence, North Belle Vernon, Oklahoma, Scottdale, Seward, Smithton, Vandergrift, West Leechburg and West Newton.
(13) The Thirteenth District is composed of part of Montgomery County consisting of the Townships of Abington Wards 1, 2, 3, 4, 5 (Division 1), 6, 7, 8 (Division 2), 9, 10, 11, 12, 13, 14 and 15 (Division 1), Hatfield, Horsham, Lower Frederick, Lower Gwynedd, Lower Moreland, Lower Salford, Montgomery, New Hanover, Plymouth Districts 2 and 3 (Division 1), Springfield, Towamencin, Upper Dublin Districts 1, 2, 4, 5 (Division 1), 6 and 7, Upper Frederick, Upper Gwynedd, Upper Hanover District 2, Upper Moreland Districts 1, 3 (Division 1), 4, 5, 6 and 7, Upper Salford, Whitemarsh Districts East, Middle and West (Division 3) and Whitpain Districts 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 and the Boroughs of Ambler, Bryn Athyn, Green Lane, Hatboro, Hatfield, Jenkintown, Lansdale, North Wales, Rockledge and Schwenksville; and part of Philadelphia County consisting of the City of Philadelphia Wards 25 (Divisions 3 and 8), 35 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 25 and 32), 41, 45 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24 and 25), 53 (Divisions 17, 20 and 21), 55 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29), 56, 57, 58 (Divisions 1, 2, 3, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 23, 25, 26, 27, 28, 30, 32, 33, 34, 35, 36, 37, 38, 40, 42, 43 and 44), 62 (Divisions 1, 2, 3, 4, 5, 6, 8, 9, 12, 13, 15, 16, 17, 18, 19, 21, 22, 24, 25 and 26), 63, 64, 65 and 66 (Divisions 1, 7, 8, 10, 12, 13, 15, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 31, 32, 38, 39, 40, 41 and 43).
(14) The Fourteenth District is composed of part of Allegheny County consisting of the Cities of Clairton, Duquesne, McKeesport and Pittsburgh and the Townships of Elizabeth Ward 9, Kennedy, Neville Wards 1 and 2, North Versailles Wards 1, 2, 3 (Division 2), 4, 5, 6 and 7, O’Hara Ward 1 (Division 2), Penn Hills Wards 1, 2, 3 (Divisions 2, 3, 4 and 5), 4 (Divisions 1, 2 and 4), 5 (Divisions 2, 3 and 4), 6 (Divisions 1, 2, 3, 4 and 6), 7 (Divisions 1, 2, 3, 4, 6 and 7), 8 and 9 (Divisions 1, 2 and 5), Reserve, Robinson Districts 3 and 5, Stowe and Wilkins Ward 2 (Division 2) and the Boroughs of Avalon Wards 1, 2 and 3 (Divisions 2 and 3), Baldwin Districts 1, 2, 3, 5, 9, 11, 12, 13, 15, 16 and 18, Bellevue, Blawnox, Braddock, Braddock Hills, Chalfant, Coraopolis, Crafton Wards 1, 2 and 3 (Division 1), Dravosburg, East McKeesport, East Pittsburgh, Edgewood, Etna Wards 1 and 2, Forest Hills, Glassport, Homestead, Ingram, Liberty, Lincoln, McKees Rocks, Millvale, Monroeville Wards 1 (Division 1) and 7, Mount Oliver, Munhall, North Braddock, Pitcairn Districts 2 and 3, Port Vue, Rankin, Sharpsburg, Swissvale, Turtle Creek, Verona, Versailles, Wall, West Homestead, West Mifflin, Whitaker, White Oak District 7, Wilkinsburg and Wilmerding.
(15) The Fifteenth District is composed of part of Berks County consisting of the Townships of Albany and Hereford District 2; part of Lehigh County consisting of the Cities of Allentown and Bethlehem (Lehigh County portion) and the Townships of Hanover, Heidelberg, Lower Macungie, Lower Milford, Lowhill, Lynn, North Whitehall, Salisbury, South Whitehall, Upper Macungie Districts 1, 2 and 4, Upper Milford, Upper Saucon, Washington, Weisenberg and Whitehall and the Boroughs of Alburtis, Catasauqua, Coopersburg, Coplay, Emmaus, Fountain Hill, Macungie and Slatington; part of Montgomery County consisting of the Townships of Douglass, Franconia, Lower Pottsgrove, Marlborough, Salford, Upper Hanover Districts 1 and 3, Upper Pottsgrove and West Pottsgrove and the Boroughs of East Greenville, Pennsburg, Red Hill, Souderton and Telford (Montgomery County portion); and all of Northampton County.
(16) The Sixteenth District is composed of part of Berks County consisting of the City of Reading Wards 2, 3 (Division 1), 4, 5, 6, 7, 8, 9 (Division 2), 10, 11, 12, 13 (Divisions 1 and 2), 14 (Division 4), 15 and 19 (Division 2) and the Townships of Bern District 3, Lower Heidelberg, Muhlenberg District 6, South Heidelberg Precinct 1 and Spring District 8 and the Borough of Wernersville; part of Chester County consisting of the Townships of Birmingham, East Bradford District South (Division 1), East Fallowfield, East Marlborough, East Nottingham, Elk, Franklin, Highland, Kennett, London Britain, London Grove, Londonderry, Lower Oxford, New Garden, New London, Newlin, Penn, Pennsbury, Upper Oxford, West Fallowfield, West Marlborough and West Nottingham and the Boroughs of Avondale, Kennett Square, Oxford, Parkesburg, West Chester and West Grove; and all of Lancaster County.
(17) The Seventeenth District is composed of part of Berks County consisting of the Townships of Alsace, Bern Districts 1 and 2, Bethel, Centre, Earl District 1, Greenwich, Heidelberg, Jefferson, Maidencreek, Marion, Muhlenberg Districts 2, 3, 5, 7 and 8, North Heidelberg, Oley, Ontelaunee, Penn, Perry, Pike, Richmond, Rockland, Ruscombmanor, Tilden, Tulpehocken, Upper Bern, Upper Tulpehocken and Windsor and the Boroughs of Bernville, Centerport, Fleetwood, Hamburg, Laureldale, Leesport, Lenhartsville, Lyons, Robesonia, Shoemakersville, Strausstown and Womelsdorf; all of Dauphin County; all of Lebanon County; part of Perry County consisting of the Townships of Buffalo, Centre, Juniata, Miller, Oliver (all blocks except 6999 of tract 030200), Penn, Spring, Tuscarora, Watts and Wheatfield and the Boroughs of Bloomfield, Duncannon, New Buffalo and Newport District 1; and all of Schuylkill County.
(18) The Eighteenth District is composed of part of Allegheny County consisting of the Townships of Baldwin, Collier, Crescent, Elizabeth Wards 1, 2, 3, 4, 5, 6, 7 and 8, Findlay, Forward Districts 1, 2 and 4, Moon, Mount Lebanon, North Fayette, North Versailles Ward 3 (Division 1), Penn Hills Wards 3 (Divisions 1 and 6), 4 (Divisions 3 and 5), 5 (Divisions 1, 5 and 6), 6 (Division 5), 7 (Division 5) and 9 (Divisions 3 and 4), Robinson Districts 1, 2, 4, 6, 7, 8 and 9, Scott, South Fayette, South Park, South Versailles, Upper St. Clair and Wilkins Wards 1 and 2 (Division 1) and the Boroughs of Baldwin Districts 4, 6, 7, 8, 10, 14 and 17, Bethel Park, Brentwood, Bridgeville, Carnegie, Castle Shannon, Churchill, Crafton Ward 3 (Division 2), Dormont, Elizabeth, Green Tree, Heidelberg, Jefferson Hills, McDonald (Allegheny County portion), Monroeville Wards 1 (Divisions 2, 3 and 4), 2, 3, 4, 5 and 6, Oakdale, Pennsbury Village, Pitcairn District 1, Pleasant Hills, Rosslyn Farms, Thornburg, Trafford (Allegheny County portion), West Elizabeth, White Oak Districts 1, 2, 3, 4, 5 and 6 and Whitehall; part of Beaver County consisting of the Township of Hanover District East and the Borough of Frankfort Springs; part of Washington County consisting of the Townships of Amwell, Blaine, Buffalo, Carroll Districts 1 and 4, Cecil, Chartiers Districts 1, 2 and 4, Cross Creek, Donegal, East Finley, Fallowfield District 3, Hanover, Hopewell, Independence, Jefferson, Morris, Mount Pleasant, North Franklin, North Strabane Districts 1, 4, 5 and 6, Nottingham, Peters, Robinson, Smith, South Franklin, South Strabane Districts 1 and 3 and West Finley and the Boroughs of Burgettstown, Canonsburg Wards 1 and 3 (Division 3), Charleroi Districts 2 and 6, Claysville, East Washington District 1, Green Hills, McDonald, Midway, West Alexander and West Middletown; and part of Westmoreland County consisting of the Cities of Greensburg and Jeannette and the Townships of Cook, Donegal, East Huntingdon Districts Ruffsdale, Stoners, Strohms and Whites, Hempfield Districts Alwine, Carbon, East Adamsburg, Eastview, Fort Allen, Foxhill, Gayville, Grapeville, Haydenville, High Park, Lincoln Heights, Lincoln Heights West, Maplewood, Middletown, New Stanton, North Carbon, Sibel, Todd, University, Valley, Weavers Old Stand, Wegley, Wendel Herm, West Hempfield and West Point, Ligonier, Mount Pleasant Districts Pleasant Valley and Ridgeview, North Huntingdon, Penn, Salem Districts Five Points, New Salem, Slickville, Steeles and Trees Mills, Sewickley District Whyel, South Huntingdon Districts Hixon and South Huntingdon, Unity Districts Baggaley, Beatty, Dennison, Gravel Hill, Kuhns, Marguerite, Roble and Whitney and Washington Districts Beamers and Oakland X Roads and the Boroughs of Adamsburg, Arona, Donegal, Hunker, Irwin, Laurel Mountain, Ligonier, Madison, Manor, New Stanton, North Irwin, Penn, South Greensburg, Southwest Greensburg, Sutersville, Trafford (Westmoreland County portion), Youngstown and Youngwood.
(19) The Nineteenth District is composed of all of Adams County; part
of Cumberland County consisting of the Townships of Dickinson Precinct South, East Pennsboro, Hampden, Lower Allen, Middlesex Precinct 2, Monroe, Shippensburg, Silver Spring, South Middleton, Southampton District Upper (Precinct 2), Upper Allen and West Pennsboro Precinct Lower and the Boroughs of Camp Hill, Carlisle, Lemoyne, Mechanicsburg, Mount Holly Springs, New Cumberland, Shippensburg (Cumberland County portion), Shiremanstown and Wormleysburg; and all of York County.

§ 3595.302. Current officeholders and vacancies

(a) CURRENT OFFICEHOLDERS.— The members of Congress now in office shall continue in the office until the expiration of their respective terms.
(b) VACANCIES.— Vacancies now existing or happening after the passage of this chapter and before the commencement of the terms of the members elected at the election of 2002 shall be filled for the unexpired terms from the districts utilized prior to January 7, 2002.

§ 3595.303. Missed political subdivision

In the event any political subdivision or part thereof should be omitted in the description of the congressional districts, the political subdivision or part thereof shall be included as a part of the congressional district which completely surrounds it. Should any omitted political subdivision or part thereof be not completely surrounded by one congressional district, it shall become a part of that congressional district to which it is contiguous, or, if there are two or more such contiguous districts, it shall become a part of that congressional district contiguous thereto which has the least population.

§ 3595.304. Duty to publish notice of redistricting

The secretary shall publish notice of the congressional districts as established at least once in at least one newspaper of general circulation in each county in which such newspapers are published. The notice shall contain legal descriptions for all congressional districts in the county in which the publication is made. The notice shall also state the population of the districts having the smallest and largest populations and the percentage variation of such districts from the average population for congressional districts.

CHAPTER 5. ADMINISTRATION§

3595.501. Duties of secretary

The secretary has the following duties:
(1) By 12 noon on April 25, 2002, the secretary shall make a determination as to whether an injunction prohibiting the Commonwealth from conducting the 2002 election for Representatives in Congress in accordance with the redistricting plan contained in Act 1 of 2002 remains in effect.
(2) On April 25, 2002, if the secretary determines that an injunction prohibiting the Commonwealth from conducting the 2002 election for Representatives in Congress in accordance with the redistricting plan contained in Act 1 of 2002 does not remain in effect, the secretary shall transmit notice of that determination to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) On April 25, 2002, if the secretary determines that an injunction prohibiting the Commonwealth from conducting the 2002 election for Representatives in Congress in accordance with the redistricting plan contained in Act 1 of 2002 remains in effect, the secretary shall transmit notice of that determination to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(4) Publish on the department’s World Wide Web site a map of this
Commonwealth showing all congressional districts established.

CONGRESSIONAL REDISTRICTING ACT OF 2011

CHAPTER 1. PRELIMINARY PROVISIONS

§ 3596.101. Short title

§ 3596.102. Definitions

CHAPTER 3. ESTABLISHMENT OF CONGRESSIONAL DISTRICTS 

§ 3596.301. Congressional districts

§ 3596.302. Current officeholders and vacancies

§ 3596.303. Missed political subdivision

In the event any political subdivision or part thereof should be omitted in the description of the congressional districts, the political subdivision or part thereof shall be included as a part of the congressional district which completely surrounds it. Should any omitted political subdivision or part thereof be not completely surrounded by one congressional district, it shall become a part of that congressional district to which it is contiguous, or if there are two or more such contiguous districts, it shall become a part of that congressional district contiguous thereto which has the least population.

§ 3596.304. Duty to publish notice of redistricting

The secretary shall publish notice of the congressional districts as established at least once in at least one newspaper of general circulation in each county in which such newspapers are published. The notice shall contain legal descriptions for all congressional districts in the county in which the publication is made. The notice shall also state the population of the districts having the smallest and largest populations and the percentage variation of such districts from the average population for congressional districts.

CHAPTER 15. MISCELLANEOUS PROVISIONS

§ 3596.1510. Effective date

This act shall take effect immediately.

Chapter 15. Election District Alteration and Data Reporting Act [Repealed]

§§ 3601 to 3607. Repealed by 1999, Nov. 24, P.L. 543, No. 51, § 3, imd. effective

Chapter 16. Electors in Military Service [Repealed]

§§ 4001 to 4015. Repealed by 1945, March 9, P.L. 29, § 13; 1947, March 5, P.L. 35, § 4, eff. March 5, 1947

§§ 4031 to 4042. Repealed by 1947, March 5, P.L. 35, § 4, eff. March 5, 1947

Chapter 17. Validating Acts

§ 4051. Election and returns validated despite errors or omissions

Whenever any special, primary, municipal or general election has been held and errors of commission or omission have occurred or have been made in connection with the preliminary requirements therefor or in the conduct thereof, and no action, contest or suit has been instituted concerning any such election, or its returns, or its certification, within one year from the date thereof, any such election, its return and the certification made thereon are hereby ratified and validated: Provided, however, This act shall in no event disturb, affect or validate any election, its return or certification thereon, wherein legal proceedings relating thereto and involving fraud or any error, have already been instituted or are now pending.