Bill Text: PA HB357 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for powers and duties of the Secretary of the Commonwealth, for explanation of ballot question and for form of official election ballot.

Spectrum: Moderate Partisan Bill (Republican 31-6)

Status: (Introduced - Dead) 2011-02-01 - Referred to STATE GOVERNMENT [HB357 Detail]

Download: Pennsylvania-2011-HB357-Introduced.html

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PRINTER'S NO. 322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 357 Session of2011
INTRODUCED BY BENNINGHOFF, BOYD, CALTAGIRONE, CAUSER, D. COSTA, CUTLER, ELLIS, EVANKOVICH, GABLER, GILLEN, GINGRICH, GRELL, HUTCHINSON, JOSEPHS, KAUFFMAN, KAVULICH, KNOWLES, KORTZ, METCALFE, MILLER, MOUL, MURT, OBERLANDER, PICKETT, PYLE, RAPP, ROAE, ROCK, SAYLOR, SIMMONS, SWANGER, TALLMAN, TOEPEL AND VULAKOVICH, FEBRUARY 1, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2011
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," further providing for powers and duties of the
Secretary of the Commonwealth, for explanation of ballot
question and for form of official election ballot.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding a subsection to read:
Section 201. 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:
* * *
(c.1) To certify to county boards of elections the
information contained in fiscal notes received from the State
Treasurer under section 201.1(b).
* * *
Section 2. Section 201.1 of the act, added February 19, 1986
(P.L.29, No.11), is amended to read:
Section 201.1. Explanation of Ballot Question.--(a)
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.
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(b) In addition to the requirements of subsection (a),
whenever a State-wide ballot question shall be submitted to the
electors of the Commonwealth in referendum for the issuance of
debt, the State Treasurer shall prepare a fiscal note in plain
English which includes a detailed description of the project
that may be funded by the debt, the total costs for the project,
the anticipated interest costs over the term of the debt and any
anticipated future costs for issuing the debt. The State
Treasurer shall submit the fiscal note to the Secretary of the
Commonwealth and the Secretary of the Commonwealth shall certify
the fiscal note to the county boards of elections who shall
publish the fiscal note 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 the fiscal note be posted in or about the voting room
outside the enclosed space with the specimen ballots and other
instructions and notices of penalties.
Section 3. Section 1003(g) of the act, amended April 24,
1947 (P.L.68, No.33), is amended to read:
Section 1003. Form of Official Election Ballot.--
* * *
(g) The official ballots shall vary in form only as the
names of districts, offices, candidates or the provisions of
this act may require. When constitutional amendments or other
questions, including fiscal notes prepared by the State
Treasurer under section 201.1(b), are submitted to a vote of the
electors, each amendment or other question, including fiscal
notes, so submitted may be printed upon the ballot below the
groups of candidates for the various offices, and, when required
by law, shall be so printed. Constitutional amendments so
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submitted shall be printed in brief form, to be determined by
the Secretary of the Commonwealth, and other questions,
including fiscal notes, so submitted shall be printed in brief
form, to be determined by the Secretary of the Commonwealth in
the case of questions to be voted on by the electors of the
State at large, and by the county boards in other cases. To the
right of each question there shall be placed the words "yes" and
"no," together with appropriate squares to the right of each for
the convenient insertion of a cross mark.
Section 4. This act shall apply to elections occurring at
least 60 days after the effective date of this section.
Section 5. This act shall take effect in 60 days.
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