HB 280 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; in qualifications of electors, further providing for qualifications of electors at primaries; in party organization, further providing for only enrolled electors to vote at primaries or hold party offices; in nomination of candidates, further providing for candidates to be nominated and party officers to be elected at primaries and providing for procedure for unenrolled electors to cast primary ballots; in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges; in voting by qualified absentee electors, further providing for applications for official absentee ballots; in voting by qualified mail-in electors, further providing for applications for official mail-in ballots; in returns of primaries and elections, further providing for computation of returns by county board, certification and issuance of certificates of election; and, in penalties, further providing for election officers refusing to permit elector to vote in proper party at primaries and repealing provisions relating to elector voting ballot of wrong party at primary.

PRINTER'S NO.   223

                  THE GENERAL ASSEMBLY OF PENNSYLVANIA



                      HOUSE BILL
                      No. 280
                                             Session of
                                               2025

     INTRODUCED BY SOLOMON, KENYATTA, RABB, KHAN, VENKAT, PIELLI,
        PROBST, HILL-EVANS, GUENST, HADDOCK, SCHLOSSBERG, SHUSTERMAN,
        WEBSTER, DEASY, CERRATO AND GREEN, JANUARY 22, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 22, 2025


                                  AN ACT
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in preliminary provisions, further providing for
12      definitions; in qualifications of electors, further providing
13      for qualifications of electors at primaries; in party
14      organization, further providing for only enrolled electors to
15      vote at primaries or hold party offices; in nomination of
16      candidates, further providing for candidates to be nominated
17      and party officers to be elected at primaries and providing
18      for procedure for unenrolled electors to cast primary
19      ballots; in preparation for and conduct of primaries and
20      elections, further providing for manner of applying to vote,
21      persons entitled to vote, voter's certificates, entries to be
22      made in district register, numbered lists of voters and
23      challenges; in voting by qualified absentee electors, further
24      providing for applications for official absentee ballots; in
25      voting by qualified mail-in electors, further providing for
26      applications for official mail-in ballots; in returns of
27      primaries and elections, further providing for computation of
28      returns by county board, certification and issuance of
29      certificates of election; and, in penalties, further
30      providing for election officers refusing to permit elector to
31      vote in proper party at primaries and repealing provisions
32      relating to elector voting ballot of wrong party at primary.
 1      The General Assembly of the Commonwealth of Pennsylvania
 2   hereby enacts as follows:
 3      Section 1.    Section 102 of the act of June 3, 1937 (P.L.1333,
 4   No.320), known as the Pennsylvania Election Code, is amended by
 5   adding a definition to read:
 6      Section 102.     Definitions.--The following words, when used in
 7   this act, shall have the following meanings, unless otherwise
 8   clearly apparent from the context:
 9      * * *
10      (z.7)    The words "unenrolled elector" shall mean a person who
11   is registered to vote within an election district having
12   selected "none" or "no affiliation" or having selected "other"
13   and written in a clear preference to be unaffiliated or
14   independent in regard to a political party on their Pennsylvania
15   voter registration application.
16      Section 2.    Sections 702, 802 and 902 of the act are amended
17   to read:
18      Section 702.     Qualifications of Electors at Primaries.--(a)
19   The qualifications of electors entitled to vote at primaries
20   shall be the same as the qualifications of electors entitled to
21   vote at elections within the election district where the primary
22   is held.[, provided that no elector who is not registered and
23   enrolled as a member of a political party, in accordance with
24   the provisions of this act, shall be permitted to vote the
25   ballot of such party or any other party ballot at any primary.]
26      (b)     Unenrolled electors shall be permitted to vote in
27   primary elections for the nomination for candidates for public
28   office in accordance with the procedures specified in sections
29   902.1, 1231, 1302 and 1302-D.
30      Section 802.     Only Enrolled Electors to [Vote at Primaries

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 1   or] Hold Party Offices or Vote for Party Office.--No person who
 2   is not registered and enrolled as a member of a political party
 3   shall be entitled to [vote at any primary of such party or to]
 4   be elected or serve as or vote for a party officer, or a member
 5   or officer of any party committee, or delegate or alternate
 6   delegate to any party convention.
 7      Section 902.   Candidates to Be Nominated and Party Officers
 8   to Be Elected at Primaries.--All candidates of political
 9   parties, as defined in section 801 of this act, for the offices
10   of President of the United States, United States Senator,
11   Representative in Congress and for all other elective public
12   offices within this State, except that of presidential electors,
13   shall be nominated, and party delegates and alternate delegates,
14   committeemen and officers who, under the provisions of Article
15   VIII of this act or under the party rules, are required to be
16   elected by the party electors, shall be elected at primaries
17   held in accordance with the provisions of this [act, except as
18   otherwise provided in this act. In the years when candidates for
19   the office of President of the United States are to be
20   nominated, every registered and enrolled member of a political
21   party shall have the opportunity at the Spring primary in such
22   years to vote his preference for one person to be the candidate
23   of his political party for President.] act. In a primary
24   election conducted in this Commonwealth, all unenrolled electors
25   shall have the opportunity to vote in accordance with the
26   procedures provided under section 902.1.
27      Section 3.   The act is amended by adding a section to read:
28      Section 902.1.   Procedure for Unenrolled Electors to Cast
29   Primary Ballots.--Upon confirming an unenrolled elector's status
30   as a registered elector, the elections officer shall ask the

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 1   unenrolled elector in which political party's primary the
 2   unenrolled elector desires to vote, and the elections officer
 3   upon reply shall record the unenrolled elector's selection upon
 4   the unenrolled elector's certificate and for the purpose of that
 5   ballot only shall be deemed enrolled in that party. The
 6   unenrolled elector's certificate shall be a form prescribed by
 7   the Secretary of the Commonwealth. The unenrolled elector shall
 8   not sign the voter's certificate until the elections officer has
 9   recorded the unenrolled elector's desired political party on the
10   certificate.
11      Section 4.   Sections 1210(d), 1302(b) and (b.1), 1302-D(b),
12   1404(b) and 1824 of the act are amended to read:
13      Section 1210.   Manner of Applying to Vote; Persons Entitled
14   to Vote; Voter's Certificates; Entries to Be Made in District
15   Register; Numbered Lists of Voters; Challenges.--* * *
16      (d)   No person, except a qualified elector who is in actual
17   military or naval service under a requisition of the President
18   of the United States or by the authority of this Commonwealth,
19   and who votes under the provisions of Article XIII of this act,
20   shall be entitled or permitted to vote at any primary or
21   election at any polling place outside the election district in
22   which he resides, nor shall he be permitted to vote in the
23   election district in which he resides, unless he has been
24   personally registered as an elector and his registration card
25   appears in the district register of such election district,
26   except by order of the court of common pleas as provided in this
27   act, and any person, although personally registered as an
28   elector, may be challenged by any qualified elector, election
29   officer, overseer, or watcher at any primary or election as to
30   his identity, as to his continued residence in the election

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 1   district or as to any alleged violation of the provisions of
 2   [section 1210 of this act] this section, and if challenged as to
 3   identity or residence, he shall produce at least one qualified
 4   elector of the election district as a witness, who shall make
 5   affidavit of his identity or continued residence in the election
 6   district: Provided, however, That no person shall be entitled to
 7   vote as a member of a party at any primary, unless he is:
 8         (1)   registered and enrolled as a member of such party upon
 9   the district register, which enrollment shall be conclusive as
10   to [his] party membership and shall not be subject to challenge
11   on the day of the primary[.]; or
12         (2)   an unenrolled elector, in which case the person may vote
13   for the candidates of the party of the unenrolled elector's
14   choice in accordance with the procedures provided under section
15   902.1. The unenrolled elector's choice of party at one primary
16   election shall not preclude the unenrolled elector from choosing
17   a different party in a subsequent primary election.
18         * * *
19         Section 1302.   Applications for Official Absentee Ballots.--*
20   * *
21         (b)   An application for a qualified elector under subsection
22   (a) shall contain the following information: Home residence at
23   the time of entrance into actual military service or Federal
24   employment, length of time a citizen, length of residence in
25   Pennsylvania, date of birth, length of time a resident of voting
26   district, voting district if known, party choice in case of
27   primary, name and, for a military elector, his stateside
28   military address, FPO or APO number and serial number. Any
29   elector other than a military elector shall in addition specify
30   the nature of his employment, the address to which ballot is to

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 1   be sent, relationship where necessary, and such other
 2   information as may be determined and prescribed by the Secretary
 3   of the Commonwealth. Unenrolled electors who wish to vote in a
 4   primary shall specify which political party's ballot they are
 5   seeking. Upon confirming an unenrolled elector's status as a
 6   registered elector, the county board shall record and process
 7   the application accordingly. When such application is received
 8   by the Secretary of the Commonwealth it shall be forwarded to
 9   the proper county board of election.
10      (b.1)   An application for a qualified elector other than
11   under subsection (a) shall contain the following information:
12   Date of birth, length of time a resident of voting district,
13   voting district if known, party choice in case of primary and
14   name. The elector shall in addition specify the nature of his or
15   her employment, the address to which ballot is to be sent,
16   relationship where necessary, and other information as may be
17   determined and prescribed by the Secretary of the Commonwealth.
18   Unenrolled electors who wish to vote in a primary shall specify
19   which political party's ballot they are seeking. Upon confirming
20   an unenrolled elector's status as a registered elector, the
21   county board shall record and process the application
22   accordingly. When the application is received by the Secretary
23   of the Commonwealth it shall be forwarded to the proper county
24   board of election.
25      * * *
26   Section 1302-D.    Applications for official mail-in ballots.
27      * * *
28      (b)   Content.--The following shall apply:
29            (1)   The qualified elector's application shall contain
30      the following information:

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 1                  (i)    Date of birth.
 2                  (ii)    Length of time a resident of voting district.
 3                  (iii)    Voting district, if known.
 4                  (iv)    Party choice in case of primary.
 5                  (v)    Name.
 6            (2)   A qualified elector shall, in addition, specify the
 7      address to which the ballot is to be sent, the relationship
 8      where necessary and other information as may be determined by
 9      the Secretary of the Commonwealth.
10            (3)   When an application is received by the Secretary of
11      the Commonwealth it shall be forwarded to the proper county
12      board of election.
13            (4)   Unenrolled electors who wish to vote in a primary
14      shall specify which political party's ballot they are
15      seeking. Upon confirming an unenrolled elector's status as a
16      registered elector, the county board shall record and process
17      the application accordingly.
18      * * *
19      Section 1404.       Computation of Returns by County Board;
20   Certification; Issuance of Certificates of Election.--
21      * * *
22      (b)   It shall be the duty of each board of registration
23   commissioners in each county, before the time fixed for the
24   county board to convene for purpose of computing and canvassing
25   returns of any primary or election, to certify to said county
26   board the total registration of each election district within
27   its jurisdiction, and the enrollment of each district by
28   political parties at primaries. The county board, before
29   computing the votes cast in any election district, shall compare
30   said registration and enrollment figures with the certificates

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 1   returned by the election officers showing the number of persons
 2   who voted in each district or the number of ballots cast. If,
 3   upon consideration by said return board of the returns before it
 4   from any election district and the certificates aforesaid, it
 5   shall appear that the total vote returned for any candidate or
 6   candidates for the same office or nomination or on any question
 7   exceeds the number of registered or enrolled electors in said
 8   election district or exceeds the total number of persons who
 9   voted in said election district or the total number of ballots
10   cast therein, [or, if it shall appear that the total number of
11   partisan votes returned for any candidate or candidates for the
12   same office or nomination at any primary exceeds the number of
13   electors registered or enrolled in said district as members of
14   that political party, or exceeds the total number of persons
15   belonging to that party who voted in said district or the total
16   number of ballots of that party cast therein, in any such case,]
17   such excess shall be deemed a discrepancy and palpable error,
18   and shall be investigated by the return board, and no votes
19   shall be recorded from such district until such investigation
20   shall be had, and such excess shall authorize--(a) the summoning
21   of the election officers, overseers, machine inspectors, and
22   clerks to appear forthwith with any election papers in their
23   possession; (b) the production of the ballot box before the
24   return board, and the examination and scrutiny of all of its
25   contents, and all of the registration and election documents
26   whatever, relating to said district, in the presence of
27   representatives of each party and candidate interested who are
28   attending the canvass of such votes; and the recount of the
29   ballots contained in said ballot box, either generally or
30   respecting the particular office, nomination, or question as to

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 1   which the excess exists, in the discretion of the return board;
 2   (c) the correction of the returns in accordance with the result
 3   of said recount; (d) in the discretion of the return board, the
 4   exclusion of the poll of that district, either as to all
 5   offices, candidates, questions, and parties, or as to any
 6   particular offices, candidates, questions, or parties as to
 7   which said excess exists, if the ballot box be found to contain
 8   more ballots than there are electors registered or enrolled in
 9   said election district, or more ballots of one party than there
10   are electors registered or enrolled in said district as members
11   of that party, or more ballots than the number of voters who
12   voted at said election, or more ballots of one party than the
13   number of voters of that party who voted at said election; (e) a
14   report of the facts of the case to the district attorney where
15   such action appears to be warranted.
16      * * *
17      Section 1824.   Election Officers Refusing to Permit Elector
18   to Vote in Proper Party at Primaries.--Any judge, inspector or
19   clerk of election who refuses to permit an elector at any
20   primary at which ballots are used to receive the ballot of the
21   party with which he is [enrolled] entitled to vote, or who gives
22   to any such elector the ballot of any party in which he is not
23   [enrolled] entitled to vote, or any judge, or inspector of
24   election, or machine inspector who, at any primary at which
25   voting machines are used, adjusts any voting machine about to be
26   used by an elector so as not to permit him to vote for the
27   candidates of the party in which he is [enrolled] entitled to
28   vote, or so as to permit him to vote for the candidates of any
29   party in which he is not [enrolled] entitled to vote, shall be
30   guilty of a misdemeanor of the first degree, and, upon

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 1   conviction thereof, shall be sentenced to pay a fine not
 2   exceeding ten thousand ($10,000) dollars, or to undergo an
 3   imprisonment of not more than five (5) years, or both, in the
 4   discretion of the court.
 5      Section 5.   Section 1834 of the act is repealed:
 6      [Section 1834.   Elector Voting Ballot of Wrong Party at
 7   Primary.--Any elector who shall wilfully vote at any primary the
 8   ballot of a party in which he is not enrolled, in violation of
 9   the provisions of this act, shall be guilty of a misdemeanor of
10   the second degree, and, upon conviction thereof, shall be
11   sentenced to pay a fine not exceeding five thousand ($5,000)
12   dollars, or to undergo an imprisonment of not more than two (2)
13   years, or both, in the discretion of the court.]
14      Section 6.   This act shall take effect immediately.




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