HB 735 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in nomination of candidates, further providing for casting of lots for position of names upon the primary ballots or ballot labels and notice to candidates; in ballots, further providing for form of official election ballot and providing for order of candidates on the ballot; in voting machines, further providing for demonstration of voting machines; and, in Pennsylvania Election Law Advisory Board, providing for ballot order randomization study.

PRINTER'S NO.   759

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 735
                                               Session of
                                                 2025

     INTRODUCED BY SOLOMON, MAKO, KHAN, HILL-EVANS, WEBSTER, GREEN
        AND KENYATTA, FEBRUARY 25, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 25, 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 nomination of candidates, further providing
12      for casting of lots for position of names upon the primary
13      ballots or ballot labels and notice to candidates; in
14      ballots, further providing for form of official election
15      ballot and providing for order of candidates on the ballot;
16      in voting machines, further providing for demonstration of
17      voting machines; and, in Pennsylvania Election Law Advisory
18      Board, providing for ballot order randomization study.
19      The General Assembly of the Commonwealth of Pennsylvania
20   hereby enacts as follows:
21      Section 1.    Sections 915 and 1003(b) and (f) of the act of
22   June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
23   Election Code, are amended to read:
24      Section 915.    Casting of Lots for Position of Names Upon the
25   Primary Ballots or Ballot Labels; Notice to Candidates.--
26   Immediately after the last day fixed for filing of such
 1   nomination petitions with them, the Secretary of the
 2   Commonwealth or the county board, as the case may be, shall fix
 3   a day for the casting of lots, in such manner as may be
 4   prescribed by the Secretary of the Commonwealth, or county
 5   board, as the case may be, for the position of names upon the
 6   primary ballots or ballot labels. The Secretary of the
 7   Commonwealth shall give at least two (2) days notice by mail of
 8   said date to all candidates whose petitions have been received
 9   and filed in his office, and the county board shall give at
10   least two (2) days notice of said date by posting thereof in a
11   conspicuous place in its office, and by publication once in at
12   least two newspapers of general circulation published in the
13   county. All candidates may appear in person, or by agent duly
14   authorized by letter of attorney, signed and acknowledged by an
15   officer empowered to take acknowledgments. In the event of any
16   of said candidates not being present in person or by
17   representative at the time of casting of lots, it shall be the
18   duty of the Secretary of the Commonwealth or the county board,
19   as the case may be, to appoint some person to represent such
20   absentee. After said lots are cast, the Secretary of the
21   Commonwealth or the county board, as the case may be, shall
22   accordingly establish the order in which the names of said
23   candidates are to appear upon the primary ballots or ballot
24   labels, and certify the same for placing upon the official
25   primary ballots or ballot labels. For candidates to offices
26   which are to be voted on by electors of more than one county,
27   the Secretary of the Commonwealth shall create a list of such
28   counties ordered by number of registered electors able to vote
29   for the office, organized from most registered electors to
30   least. Lots shall be drawn to determine the order in which the

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 1   names of candidates are to appear upon the ballot in the county
 2   with the most registered electors able to vote for the office.
 3   For each successive county in the list, the order in which the
 4   names of candidates are to appear shall be rotated such that the
 5   name of the candidate listed first in the county with the
 6   greatest number of registered electors eligible to vote for the
 7   office shall appear last on the ballot in the county with the
 8   second-most registered electors eligible to vote for the office,
 9   and the name of the candidate listed second in the county with
10   the greatest number of registered electors eligible to vote for
11   the office shall appear first in the county with the second-most
12   registered electors eligible to vote for the office. The same
13   rotation of candidate names shall continue for each county in
14   the ordered list.
15      Section 1003.    Form of Official Election Ballot.--
16      * * *
17      (b)   On the back of each ballot shall be printed in prominent
18   type the words "Official Ballot," followed by the designation of
19   the election district for which it is prepared, the date of the
20   election and the facsimile signatures of the members of the
21   county board of elections. The names of candidates shall be
22   arranged under the title of the office for which they are
23   candidates, and shall be printed [thereunder in the order of the
24   votes obtained by the parties or bodies at the last
25   gubernatorial election, beginning with the party obtaining the
26   highest number of votes: Provided, however, That in the case of
27   parties or bodies not represented on the ballot at the last
28   gubernatorial election, the names of the candidates of such
29   parties shall be arranged alphabetically, according to the party
30   name or political appellation] as provided under section 1003.1.

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 1   In the case of offices for which two or more candidates are to
 2   be voted for, the candidates of each party shall be arranged
 3   together in the order of the number of votes obtained by them at
 4   the primary, beginning with the candidates obtaining the highest
 5   number of votes, and the candidates of each political body shall
 6   be arranged in the order in which their names were placed in
 7   their nomination paper. Under the title of such offices where
 8   more than one candidate is to be voted for, shall be printed
 9   "Vote for not more than ........" (the blank space to indicate
10   the number of candidates to be voted for the particular office.)
11   Opposite or under the name of each candidate shall be printed
12   the name or appellation of the political party or political body
13   nominating him, and at the right of such name or appellation
14   there shall be a square of sufficient size for the convenient
15   insertion of a cross (X) or check (✓) mark.
16      * * *
17      [(f)    In order that each elector may have the opportunity of
18   designating his choice for all the candidates nominated by one
19   political party or political body, there shall be printed on the
20   extreme left of the ballot, and separated from the rest of the
21   ballot by a space of at least one-half inch, a list of the names
22   of all the political parties or political bodies represented on
23   such ballot which have nominated candidates to be voted for at
24   such election. Such names shall be arranged in the order of the
25   votes obtained at the last gubernatorial election by the
26   candidate for Governor of the parties or bodies nominating,
27   beginning with the party that received the highest number of
28   votes cast. Following the names of such political parties and
29   political bodies shall be the names of the parties and bodies
30   not represented on the ballot at the last gubernatorial

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 1   election, arranged alphabetically, according to the party name
 2   or appellation. A square of sufficient size for the convenient
 3   insertion of a cross mark shall be placed at the right of each
 4   party name or appellation.]
 5      * * *
 6      Section 2.   The act is amended by adding a section to read:
 7      Section 1003.1.   Order of Candidates on the Ballot.--(a)    For
 8   elections to offices which are to be voted on by the electors of
 9   only one county, immediately after the list of candidates to be
10   placed on the General Election ballot is finalized, the
11   Secretary of the Commonwealth or the county board, as the case
12   may be, shall fix a day for the casting of lots, in such manner
13   as may be prescribed by the Secretary of the Commonwealth or
14   county board, as the case may be, for the position of names upon
15   the primary ballots or ballot labels. The Secretary of the
16   Commonwealth shall give at least two days' notice by mail of
17   said date to all candidates whose petitions have been received
18   and filed in his office, and the county board shall give at
19   least two days' notice of said date by posting thereof in a
20   conspicuous place in its office, and by publication once in at
21   least two newspapers of general circulation published in the
22   county. All candidates may appear in person, or by agent duly
23   authorized by letter of attorney, signed and acknowledged by an
24   officer empowered to take acknowledgments. In the event of any
25   of said candidates not being present in person or by
26   representative at the time of casting of lots, it shall be the
27   duty of the Secretary of the Commonwealth or the county board,
28   as the case may be, to appoint some person to represent such
29   absentee. After said lots are cast, the Secretary of the
30   Commonwealth or the county board, as the case may be, shall

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 1   accordingly establish the order in which the names of said
 2   candidates are to appear upon the ballots or ballot labels, and
 3   certify the same for placing upon the official ballots or ballot
 4   labels.
 5       (b)   For candidates to offices which are to be voted on by
 6   electors of more than one county, the Secretary of the
 7   Commonwealth shall create a list of such counties ordered by
 8   number of registered electors able to vote for the office,
 9   organized from most registered electors to least. Lots shall be
10   drawn to determine the order in which the names of candidates
11   are to appear upon the ballot in the county with the most
12   registered electors able to vote for the office. For each
13   successive county in the list, the order in which the names of
14   candidates are to appear shall be rotated such that the name of
15   the candidate listed first in the county with the greatest
16   number of registered electors eligible to vote for the office
17   shall appear last on the ballot in the county with the second-
18   most registered electors eligible to vote for the office, and
19   the name of the candidate listed second in the county with the
20   greatest number of registered electors eligible to vote for the
21   office shall appear first in the county with the second-most
22   registered electors eligible to vote for the office. The same
23   rotation of candidate names shall continue for each county in
24   the ordered list.
25       Section 3.   Section 1110(i) of the act is amended to read:
26       Section 1110.   Form of Ballot Labels on Voting Machines.--* *
27   *
28       (i)   In primary elections, the ballot labels, containing the
29   names of candidates seeking nomination by a political party,
30   shall be segregated on the face of the machine in adjacent rows

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 1   or columns by parties, the priority of such political parties on
 2   the ballot labels to be determined in the same manner as
 3   provided for determining priority on paper ballots in section
 4   [1003 (f)] 1003.1 herein.
 5      * * *
 6      Section 4.     The act is amended by adding a section to read:
 7   Section 1303-E.    Ballot order randomization study.
 8      The board shall conduct a study regarding the feasibility of
 9   implementing a precinct rotation system for the order of listing
10   candidates on the ballot in both primary and general elections
11   and for each type of office. By no later than six months after
12   the effective date of this section, the study shall be published
13   on the Joint State Government Commission's publicly accessible
14   Internet website and made available in electronic format to the
15   Office of the Governor and members of the General Assembly. The
16   report shall include any recommendations developed by the board
17   for the implementation of such a precinct rotation system or of
18   any similar alternative method of varying the order in which
19   candidates are listed on ballots so as to reduce or eliminate
20   any statistical advantages provided to a candidate on the basis
21   of ballot order.
22      Section 5.     This act shall take effect in 60 days.




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