Bill Text: PA HB764 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for challenges.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-02-23 - Referred to STATE GOVERNMENT [HB764 Detail]

Download: Pennsylvania-2011-HB764-Introduced.html

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PRINTER'S NO. 786
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 764 Session of2011
INTRODUCED BY CONKLIN, DAVIS, GIBBONS, KAVULICH, KORTZ, PAYTON AND STABACK, FEBRUARY 23, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 23, 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 challenges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1210(d) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended October 8, 2004 (P.L.807, No.97), is amended and the
section is amended by adding a subsection to read:
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(d) No person, except a qualified elector who is in actual
military or naval service under a requisition of the President
of the United States or by the authority of this Commonwealth,
and who votes under the provisions of Article XIII of this act,
shall be entitled or permitted to vote at any primary or
election at any polling place outside the election district in
which he resides, nor shall he be permitted to vote in the
election district in which he resides, unless he has been
personally registered as an elector and his registration card
appears in the district register of such election district,
except by order of the court of common pleas as provided in this
act, and any person, although personally registered as an
elector, may be challenged by any qualified elector, election
officer, overseer, or watcher at any primary or election as to
his identity, as to his continued residence in the election
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].
(d.1) 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.
(d.2) Notwithstanding subsection (d.1) of this section, in a
primary election for judge of a court of common pleas; the
Philadelphia Municipal Court or the Traffic Court of
Philadelphia; or for the office of school director in a district
where that office is elective or for the office of magisterial
district judge, a registered elector who is not a member of a
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party, as defined in section 801(a) or 912.2 of this act, shall
be entitled to vote pursuant to this section: Provided, however,
That in order to vote, the person must choose the ballot of a
party.
* * *
Section 2. This act shall take effect in 60 days.
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