HB 476 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in district election officers, providing for master list of prospective clerks of election and for clerk of election vacancies and further providing for vacancies in election boards, appointment, judge and majority inspector to be members of majority party and minority inspector to be member of minority party.

PRINTER'S NO.   459

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 476
                                               Session of
                                                 2025

     INTRODUCED BY WEBSTER, HILL-EVANS, GIRAL, SANCHEZ, DONAHUE AND
        CEPEDA-FREYTIZ, FEBRUARY 4, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 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 district election officers, providing for
12      master list of prospective clerks of election and for clerk
13      of election vacancies and further providing for vacancies in
14      election boards, appointment, judge and majority inspector to
15      be members of majority party and minority inspector to be
16      member of minority party.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    The act of June 3, 1937 (P.L.1333, No.320), known
20   as the Pennsylvania Election Code, is amended by adding sections
21   to read:
22      Section 404.1.    Master List of Prospective Clerks of
23   Election.--(a)    At least annually, each county election board
24   shall prepare a master list of prospective clerks of election
25   within the county. The master list shall contain:
 1      (1)    The most recent available address for each prospective
 2   clerk of election.
 3      (2)    All qualified registered electors and all voter
 4   registration lists within the county.
 5      (b)    The master list under subsection (a) shall be open to
 6   the public for inspection.
 7      Section 404.2.     Clerk of Election Vacancies.--(a)   A vacancy
 8   of a clerk appointed under section 404 or from any other cause
 9   occurring prior to the day of a primary or election may be
10   filled by a selection at random from a cross section of
11   qualified registered electors of a county. When a vacancy is
12   filled under this section:
13      (1)    Each qualified registered elector of the county shall
14   have the opportunity to be considered for service as a clerk of
15   election.
16      (2)    Each qualified registered elector shall fulfill the
17   obligation to serve as a clerk of election as prescribed by
18   section 404.
19      (3)    A qualified registered elector may not be excluded from
20   service as a clerk of election as a result of discrimination
21   based upon race, color, religion, sex, national origin or
22   economic status.
23      (4)    A qualified registered elector may not be excluded from
24   service as a clerk of election except the following:
25      (i)    A member of the Pennsylvania National Guard or a member
26   of an active or reserve component of the armed forces of the
27   United States who is serving on active duty.
28      (ii)     An individual who served as a clerk of election by
29   random selection within the primary or election of the same
30   election cycle unless the individual has opted to serve as a

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 1   clerk of election by choice.
 2      (iii)     An individual who demonstrates to the county election
 3   board undue hardship or extreme inconvenience according to the
 4   following:
 5      (A)    The individual may be excused permanently or for a
 6   period as the county election board determines is necessary.
 7      (B)    If excused for a limited period, the individual shall,
 8   at the end of the period, be assigned to the next clerk array.
 9      (iv)    An individual who is seventy-five (75) years of age or
10   older and requests to be excused.
11      (v)    A woman who is breastfeeding and requests to be excused.
12      (b)    The county election board shall maintain a master list
13   and shall place therein the names of individuals included on the
14   list of qualified registered electors.
15      (c)    Upon determination of an insufficient number of clerks
16   of election, the county election board shall publicly select at
17   random from the master list the number of names of qualified
18   registered electors as may be required to maintain a polling
19   place in accordance with section 404.
20      (d)    A separate list of names and addresses of qualified
21   registered electors assigned to each polling place shall be
22   prepared and made available for public inspection at the offices
23   of the county election board no later than thirty days prior to
24   the first date on which the clerk of election is to serve.
25      Section 2.    Section 405(a.1) of the act is amended to read:
26      Section 405.    Vacancies in Election Boards; Appointment;
27   Judge and Majority Inspector to Be Members of Majority Party;
28   Minority Inspector to Be Member of Minority Party.--* * *
29      (a.1)     Vacancies in county boards existing by reason of the
30   disqualification, removal, resignation or death of a clerk or

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1   machine inspector appointed pursuant to section 404 or a vacancy
2   of a clerk or machine inspector from any other cause occurring
3   prior to the day of any primary or election may be filled by a
4   [student] qualified registered elector pursuant to section
5   [402(b)] 404.2(a).
6      * * *
7      Section 3.   This act shall take effect in 60 days.




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