SB 400 — 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; and, 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.

PRINTER'S NO.   712

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 400
                                               Session of
                                                 2025

     INTRODUCED BY LAUGHLIN, BOSCOLA, SCHWANK, KEARNEY, FONTANA,
        COMITTA, SANTARSIERO, PENNYCUICK, ROBINSON, CAPPELLETTI,
        PICOZZI, MILLER AND BARTOLOTTA, APRIL 30, 2025

     REFERRED TO STATE GOVERNMENT, APRIL 30, 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; and, 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.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Section 102 of the act of June 3, 1937 (P.L.1333,
27   No.320), known as the Pennsylvania Election Code, is amended by
28   adding a definition to read:
 1      Section 102.     Definitions.--The following words, when used in
 2   this act, shall have the following meanings, unless otherwise
 3   clearly apparent from the context:
 4      * * *
 5      (z.7)    The words "unenrolled elector" shall mean a person who
 6   is registered to vote within an election district having
 7   selected "none or no affiliation" or "independent" in regard to
 8   a political party on their Pennsylvania voter registration
 9   application.
10      Section 2.    Sections 702, 802 and 902 of the act are amended
11   to read:
12      Section 702.     Qualifications of Electors at Primaries.--(a)
13   The qualifications of electors entitled to vote at primaries
14   shall be the same as the qualifications of electors entitled to
15   vote at elections within the election district where the primary
16   is held[, provided that no elector who is not registered and
17   enrolled as a member of a political party, in accordance with
18   the provisions of this act, shall be permitted to vote the
19   ballot of such party or any other party ballot at any primary].
20      (b)     Unenrolled electors shall be permitted to vote in
21   primary elections in accordance with the procedures specified in
22   sections 902.1 and 1231.
23      Section 802.     Only Enrolled Electors to [Vote at Primaries
24   or] Hold Party Offices.--No person who is not registered and
25   enrolled as a member of a political party shall be entitled to
26   [vote at any primary of such party or to] be elected or serve as
27   a party officer, or a member or officer of any party committee,
28   or delegate or alternate delegate to any party convention.
29      Section 902.     Candidates to Be Nominated and Party Officers
30   to Be Elected at Primaries.--All candidates of political

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 1   parties, as defined in section 801 of this act, for the offices
 2   of President of the United States, United States Senator,
 3   Representative in Congress and for all other elective public
 4   offices within this State, except that of presidential electors,
 5   shall be nominated, and party delegates and alternate delegates,
 6   committeemen and officers who, under the provisions of Article
 7   VIII of this act or under the party rules, are required to be
 8   elected by the party electors, shall be elected at primaries
 9   held in accordance with the provisions of this act[, except as
10   otherwise provided in this act. In the years when candidates for
11   the office of President of the United States are to be
12   nominated, every registered and enrolled member of a political
13   party shall have the opportunity at the Spring primary in such
14   years to vote his preference for one person to be the candidate
15   of his political party for President.]. In a primary election
16   conducted in this Commonwealth, all unenrolled electors shall
17   have the opportunity to vote in accordance with the procedures
18   specified in section 902.1.
19      Section 3.   The act is amended by adding a section to read:
20      Section 902.1.   Procedure for Unenrolled Electors to Cast
21   Primary Ballots.--(a)   Upon confirming an unenrolled elector's
22   status as a registered elector, the elections officer shall ask
23   the unenrolled elector in which political party's primary the
24   unenrolled elector desires to vote, and the elections officer
25   upon reply shall record the unenrolled elector's selection upon
26   the unenrolled elector's certificate and for the purpose of that
27   ballot only shall be deemed enrolled in that party. The
28   unenrolled elector shall not sign the voter's certificate until
29   the elections officer has recorded the unenrolled elector's
30   desired political party on the certificate.

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 1      (b)     The ballot provided to an unenrolled elector shall not
 2   include a selection for a political party officer or a member or
 3   officer of a party committee.
 4      (c)     The Secretary of the Commonwealth shall provide guidance
 5   to the county boards of elections on how to prepare and
 6   distribute voter registration materials and the requisite ballot
 7   information and printing requirements regarding unenrolled
 8   electors voting in a primary election.
 9      (d)     The county boards of elections shall prepare cards of
10   instruction and related materials in accordance with the
11   requirements of section 1202 and this section for unenrolled
12   electors voting in a primary election. The county boards of
13   elections shall prepare and deliver the official ballots and
14   related materials governing the participation of unenrolled
15   electors in a primary election to the judges of election in the
16   election districts in accordance with section 1204 and this
17   section.
18      (e)     The Secretary of the Commonwealth in collaboration with
19   the county boards of elections shall provide information and
20   training to assist poll workers in understanding the
21   requirements of this act regarding the participation of
22   unenrolled electors in a primary election.
23      (f)     The Secretary of the Commonwealth in collaboration with
24   the county boards of elections shall adjust absentee and mail-in
25   ballots and the applications for absentee and mail-in ballots
26   for unenrolled electors participating in a specific primary
27   election in accordance with the provisions of this act.
28      (g)     The Department of State of the Commonwealth shall modify
29   the SURE system to ensure an unenrolled elector's ballot choice
30   in a specific primary election is properly documented and the

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 1   voter's unenrolled status is retained in subsequent primary
 2   elections and not identified with a particular party affiliation
 3   based on which political party's primary the unenrolled elector
 4   selected in a prior primary election.
 5      Section 4.   Section 1210(d) of the act is amended to read:
 6      Section 1210.   Manner of Applying to Vote; Persons Entitled
 7   to Vote; Voter's Certificates; Entries to Be Made in District
 8   Register; Numbered Lists of Voters; Challenges.--* * *
 9      (d)   No person, except a qualified elector who is in actual
10   military or naval service under a requisition of the President
11   of the United States or by the authority of this Commonwealth,
12   and who votes under the provisions of Article XIII of this act,
13   shall be entitled or permitted to vote at any primary or
14   election at any polling place outside the election district in
15   which [he] the person resides, nor shall [he] the person be
16   permitted to vote in the election district in which [he] the
17   person resides, unless [he] the person has been personally
18   registered as an elector and [his] the person's registration
19   card appears in the district register of such election district,
20   except by order of the court of common pleas as provided in this
21   act, and any person, although personally registered as an
22   elector, may be challenged by any qualified elector, election
23   officer, overseer, or watcher at any primary or election as to
24   [his] identity, as to [his] continued residence in the election
25   district or as to any alleged violation of the provisions of
26   section 1210 of this act, and if challenged as to identity or
27   residence, [he] the person shall produce at least one qualified
28   elector of the election district as a witness, who shall make
29   affidavit of [his] the person's identity or continued residence
30   in the election district: Provided, however, That no person

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 1   shall be entitled to vote as a member of a party at any primary,
 2   unless [he] the person is:
 3      (1)   registered and enrolled as a member of such party upon
 4   the district register, which enrollment shall be conclusive as
 5   to [his] party membership and shall not be subject to challenge
 6   on the day of the primary[.]; or
 7      (2)   an unenrolled elector, in which case the person may vote
 8   for the candidates of the party of the unenrolled elector's
 9   choice in accordance with the procedures specified in section
10   902.1. The unenrolled elector's choice of party at one primary
11   election shall not preclude the unenrolled elector from choosing
12   a different party in a subsequent primary election.
13      * * *
14      Section 5.   This act shall apply to the next municipal or
15   general primary election held no less than 180 days after the
16   effective date of this section.
17      Section 6.   This act shall take effect immediately.




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