"PENNSYLVANIA ELECTION CODE"
Cl. 25

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.

Compiler's Note: Section 508 of Act 223 of 1970 provided that Act 320 is repealed insofar as it is inconsistent with Act 223.

Compiler's Note: Section 14 of Act 185 of 1969 provided that Act 320 is repealed insofar as it relates to the Court of Common Pleas of Dauphin County, the court of common pleas of the proper county in connection with matters relating to the powers or duties of the Secretary of the Commonwealth or the special court of common pleas established by section 1731 of Act 320.

TABLE OF CONTENTS

ARTICLE I. Preliminary Provisions

ARTICLE II. The Secretary of the Commonwealth

ARTICLE III. County Boards of Elections

ARTICLE IV. District Election Officers

ARTICLE V. Election Districts and Polling Places

ARTICLE VI. Dates of Elections and Primaries and Special Elections

ARTICLE VII. Qualifications of Electors

ARTICLE VIII. Party Organization

ARTICLE IX. Nomination of Candidates

ARTICLE X. Ballots

ARTICLE XI. Voting Machines

ARTICLE XI-A. Electronic Voting Systems

ARTICLE XI-B. Voting Apparatus Bonds

ARTICLE XII. Preparation For and Conduct of Primaries and Elections

ARTICLE XIII. Voting By Qualified Absentee Electors

ARTICLE XIII-A. Voting By Bedridden Or Hospitalized Veterans (Repealed)

ARTICLE XIII-B. Absentee Voting (Repealed)

ARTICLE XIII-C. Statewide Uniform Registry of Electors Advisory Board

ARTICLE XIII-D. Voting by Qualified Mail-in Electors

ARTICLE XIII-E. Pennsylvania Election Law Advisory Board

ARTICLE XIV. Returns of Primaries and Elections

ARTICLE XV. Electoral College

ARTICLE XVI. Primary and Election Expenses

ARTICLE XVI-A. Election Integrity Grant Program

ARTICLE XVII. Recounts and Contests

ARTICLE XVIII. Penalties

ARTICLE XVIII-A. Congressional Districts (Repealed)

ARTICLE XVIII-B. Emergency Provisions For 2020 General Primary Election (Expired)

ARTICLE XIX. Repeals

Section 1. Be it enacted, &c., That the laws relating to general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests are hereby codified, revised and consolidated as follows:

ARTICLE I

Preliminary Provisions

Section 101. Short Title.--This act shall be known, and may be cited, as the "Pennsylvania Election Code."

Section 102. Definitions.--The following words, when used in this act, shall have the following meanings, unless otherwise clearly apparent from the context:

(a) The word "candidate" shall, unless the context otherwise requires, include both candidates for nomination and election.

(a.1) The word "canvass" shall mean the gathering of ballots after the final pre-canvass meeting and the counting, computing and tallying of the votes reflected on the ballots. ((a.1) amended Mar. 27, 2020, P.L.41, No.12)

(b) The word "county" shall mean any county of this Commonwealth.

(c) The words "county board" or "board" shall mean the county board of elections of any county herein provided for.

(d) The words "district election board" or "election board" shall mean the election officers required to conduct primaries and elections in any election district in accordance with the provisions of this act.

(e) The words "district register" shall mean the cards containing all or any part of the registry list of qualified electors of the same election district, as prepared by the registration commissions.

(f) The word "election" shall mean any general, municipal, special or primary election, unless otherwise specified.

(g) The words "election district" shall mean a district, division or precinct, established in accordance with the provisions of this act, within which all qualified electors vote at one polling place.

(g.1) The words "election officer" shall include the judge of elections and the majority and minority inspectors elected or appointed by a county board of elections and the clerk or machine inspector appointed by a county board of elections. ((g.1) added Dec. 9, 2002, P.L.1246, No.150)

(h) The words "general election" shall mean the election which the Constitution of this Commonwealth requires to be held in even-numbered years.

(i) The words "independent nomination" shall mean the selection by an independent political body, in accordance with the provisions of this act, of a candidate for a public office authorized to be voted for at an election.

(j) The words "municipal election" shall mean the election which the Constitution of this Commonwealth requires to be held in odd-numbered years.

(k) The word "nomination" shall mean the selection, in accordance with the provisions of this act, of a candidate for a public office authorized to be voted for at an election.

(l) The words "November election" shall mean either the general or municipal election, or both, according to the context.

(m) The word "oath" shall include affirmation and the word "swear" shall include affirm.

(n) The word "party" shall mean a political party, as defined in section 801 of this act.

(o) The words "party nomination" shall mean the selection by a political party, in accordance with the provisions of this act, of a candidate for a public office authorized to be voted for at an election.

(p) The words "political body" shall mean an independent body of electors, as defined in section 801 of this act.

(q) The words "polling place" shall mean the room provided in each election district for voting at a primary or election.

(q.1) The word "pre-canvass" shall mean the inspection and opening of all envelopes containing official absentee ballots or mail-in ballots, the removal of such ballots from the envelopes and the counting, computing and tallying of the votes reflected on the ballots. The term does not include the recording or publishing of the votes reflected on the ballots. ((q.1) added Mar. 27, 2020, P.L.41, No.12)

(r) The words "primary" or "primary election" shall mean any election held for the purpose of electing party officers and nominating candidates for public offices to be voted for at an election.

(r.1) "Public institution" means institutions primarily maintained by the Federal, State or local governments and includes but is not limited to veterans' hospitals and homes, State hospitals, poorhouses and county homes. ((r.1) added Dec. 11, 1968, P.L.1183, No.375)

(s) The words "public office" shall include every public office to which persons can be elected by a vote of the electors under the laws of this State.

(t) The words "qualified elector" shall mean any person who shall possess all of the qualifications for voting now or hereafter prescribed by the Constitution of this Commonwealth, or who, being otherwise qualified by continued residence in his election district, shall obtain such qualifications before the next ensuing election.

(u) The words "registered and enrolled member of a political party" shall mean any qualified elector who shall be registered according to political designation, in accordance with the provisions of the registration acts.

(v) The words "special election" shall mean any election other than a regular general, municipal or primary election.

(w) The words "qualified absentee elector" shall mean:

(1) Any qualified elector who is or who may be in the military service of the United States regardless of whether at the time of voting he is present in the election district of his residence or is within or without this Commonwealth and regardless of whether he is registered or enrolled; or

(2) Any qualified elector who is a spouse or dependent residing with or accompanying a person in the military service of the United States if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(3) Any qualified elector who is or who may be in the service of the Merchant Marine of the United States if at the time of voting he is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(4) Any qualified elector who is a spouse or dependent residing with or accompanying a person who is in the service of the Merchant Marine of the United States if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(5) Any qualified elector who is or who may be in a religious or welfare group officially attached to and serving with the armed forces if at the time of voting he is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(6) Any qualified elector who is a spouse or dependent residing with or accompanying a person in a religious or welfare group officially attached to and serving with the armed forces if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(7) Any qualified elector who expects to be or is outside the territorial limits of the several States of the United States and the District of Columbia because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election or who is or who may be a civilian employee of the United States outside the territorial limits of the several States of the United States and the District of Columbia, whether or not such elector is subject to civil-service laws and the Classification Act of 1949 and whether or not paid from funds appropriated by the Congress, if at the time of voting he is absent from the municipality of his residence: Provided, however, That said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(8) Any qualified elector who is a spouse or dependent residing with or accompanying a person who expects to be or is outside the territorial limits of the several States of the United States and the District of Columbia because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election or who is a spouse or dependent residing with or accompanying a person who is a civilian employee of the United States outside the territorial limits of the several States of the United States and the District of Columbia whether or not such person is subject to civil-service laws and the Classification Act of 1949 and whether or not paid from funds appropriated by the Congress if at the time of voting such spouse or dependent is absent from the municipality of his residence: Provided, however, That the said elector has been registered or enrolled according to law or is entitled, under provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting; or

(9) Any qualified war veteran elector who is bedridden or hospitalized due to illness or physical disability if he is absent from the municipality of his residence and unable to attend his polling place because of such illness or physical disability regardless of whether he is registered and enrolled; or

(10) Any qualified, registered and enrolled elector who expects to be or is absent from the municipality of his residence because his duties, occupation or business require him to be elsewhere during the entire period the polls are open for voting on the day of any primary or election; or

(11) Any qualified, registered and enrolled elector who is unable to attend his polling place because of illness or physical disability; or

(12) Any qualified, registered and enrolled elector who is a spouse or dependent accompanying a person employed in the service of this Commonwealth or in the service of the Federal Government within the territorial limits of the several States of the United States and the District of Columbia in the event the duties, profession or occupation of such person require him to be absent from the municipality of his residence; or

(13) Any qualified elector who is a county employe who cannot vote due to duties on election day relating to the conduct of the election; or

(14) Any qualified elector who will not attend a polling place because of the observance of a religious holiday:

Provided, however, That the words "qualified absentee elector" shall in nowise be construed to include persons confined in a penal institution or a mental institution nor shall it in anywise be construed to include a person not otherwise qualified as a qualified elector in accordance with the definition set forth in section 102(t) of this act.

((w) amended Feb. 13, 1998, P.L.72, No.18)

(x) The words "members of the Merchant Marine of the United States" mean persons (other than persons in military service) employed as officers or members of crews of vessels documented under the laws of the United States or of vessels owned by the United States or of vessels of foreign flag registry under charter to or control of the United States, and persons (other than persons in military service) enrolled with the United States for employment or for training for employment or maintained by the United States for emergency relief service as officers or members of crews of any such vessels, but does not include persons so employed or enrolled for such employment or for training for employment or maintained for such emergency relief on the Great Lakes or the Inland waterways. ((x) added Aug. 13, 1963, P.L.707, No.379)

(y) The word "dependent" means any person who is in fact a dependent. ((y) added Aug. 13, 1963, P.L.707, No.379)

(z) The words "person authorized to administer oaths" shall mean any person who is a commissioned officer in military service or any member of the Merchant Marine of the United States designated for this purpose by the United States Secretary of Commerce or any civilian official empowered by any State or Federal law to administer oaths. ((z) added Aug. 13, 1963, P.L.707, No.379)

(z-1) The words "in military service" shall mean the uniformed services as defined in section 102 of the Career Compensation Act of 1949 (63 Stat. 804 U.S. Code, Title 37, Par. 231). ((z-1) added Aug. 13, 1963, P.L.707, No.379)

(z-2) ((z-2) repealed Dec. 11, 1968, P.L.1183, No.375)

(z-3) The words "duties, occupation or business" shall include leaves of absence for teaching or education, vacations, sabbatical leaves, and all other absences associated with the elector's duties, occupation or business, and also include an elector's spouse who accompanies the elector. ((z-3) added Dec. 11, 1968, P.L.1183, No.375)

(z.4) The word "municipality" shall mean a city, borough, incorporated town, township or any similar general purpose unit of government which may be created by the General Assembly. ((z.4) added Feb 13, 1998, P.L.72, No.18)

(z.5) The words "proof of identification" shall mean:

(1) In the case of an elector who has a religious objection to being photographed, a valid-without-photo driver's license or a valid-without-photo identification card issued by the Department of Transportation.

(2) For an elector who appears to vote under section 1210, a document that:

(i) shows the name of the individual to whom the document was issued and the name substantially conforms to the name of the individual as it appears in the district register;

(ii) shows a photograph of the individual to whom the document was issued;

(iii) includes an expiration date and is not expired, except:

(A) for a document issued by the Department of Transportation which is not more than twelve (12) months past the expiration date; or

(B) in the case of a document from an agency of the Armed forces of the United States or their reserve components, including the Pennsylvania National Guard, establishing that the elector is a current member of or a veteran of the United States Armed Forces or National Guard which does not designate a specific date on which the document expires, but includes a designation that the expiration date is indefinite; and

(iv) was issued by one of the following:

(A) The United States Government.

(B) The Commonwealth of Pennsylvania.

(C) A municipality of this Commonwealth to an employee of that municipality.

(D) An accredited Pennsylvania public or private institution of higher learning.

(E) A Pennsylvania care facility.

(3) For a qualified absentee elector under section 1301 or a qualified mail-in elector under section 1301-D:

(i) in the case of an elector who has been issued a current and valid driver's license, the elector's driver's license number;

(ii) in the case of an elector who has not been issued a current and valid driver's license, the last four digits of the elector's Social Security number;

(iii) in the case of an elector who has a religious objection to being photographed, a copy of a document that satisfies paragraph (1); or

(iv) in the case of an elector who has not been issued a current and valid driver's license or Social Security number, a copy of a document that satisfies paragraph (2).

((3) amended Oct. 31, 2019, P.L.552, No.77)

((z.5) added Mar. 14, 2012, P.L.195, No.18)

(z.6) The words "qualified mail-in elector" shall mean a qualified elector. The term does not include a person specifically prohibited from being a qualified absentee elector under section 1301. ((z.6) amended Mar. 27, 2020, P.L.41, No.12)

(102 amended Aug. 1, 1941, P.L.672, No.273)

Compiler's Note: See sections 10 and 11 of Act 18 of 2012 in the appendix to this act for special provisions relating to application of law.

Section 103. Construction.--(a) The provisions of this act are severable, and if any article, section or clause of this act, or part thereof, is held to be unconstitutional, the decision shall not be construed to affect or invalidate any other provisions of this act, or the act as a whole. It is hereby declared as the legislative intent that this act would have been adopted had such unconstitutional provision not been included therein.

(b) The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws, and not as new enactments. The repeal by this act of any act of Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded. The provisions of this act shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this act, nor shall they affect any suit of prosecution then pending or to be instituted to enforce any right or penalty then accrued or to punish any offense theretofore committed. Any person holding office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act.

(c) Whenever in this act reference is made to any other act by title, such reference shall be construed to apply to, and include any codification or other act of Assembly wherein the provisions of the act referred to are substantially re-enacted.

(d) Whenever the masculine gender is used in this act, it shall be construed to include the feminine.

(e) In determining or reckoning any period of time mentioned in this act, the day upon which the act is done, paper filed, or notice given, shall be excluded from, and the date of the primary, election, hearing or other subsequent event, as the case may be, shall be included in the calculation or reckoning: Provided, however, That if the last day upon which any act may be done, paper filed, or notice given, shall fall on a Sunday or a legal holiday, the next following ordinary business day shall be considered as the last day for said purpose.

Section 104. Acts Done on Legal Holidays and Sundays.--No part of any day fixed for the performance of any duties by any person or official under this act shall be deemed a Sunday or a legal holiday so as to affect the legality of any work done for the purpose of carrying out the provisions hereof, or the right of any person to any compensation provided for herein for rendering any service required hereby, or so as to relieve any person from doing on such day whatever is necessary for such purposes, and such services are hereby declared to be necessary public services.

Section 105. Effective Date.--Except as otherwise provided herein, this act shall be in force and take effect from and after its final enactment.

Section 106. Publication of Notices.--Whenever under the provisions of this act notice is required to be given by newspaper publication in any county or in any municipal subdivision thereof, such notice shall be published in at least two and not more than three newspapers of general circulation as defined in the "Newspaper Advertising Act," approved May 16, 1929 (Pamphlet Laws 1784). At least one of said newspapers shall represent the majority party, and at least one shall represent the minority party, if there be that many published within the limits of such county or municipal subdivision. If there are not two such newspapers, then publication shall be made in at least either one newspaper of general circulation representing the majority party or at least one newspaper of general circulation representing the minority party, whichever is published in such county, and at least one newspaper of general circulation representing the other party published in an adjacent county and circulating in such county or municipal subdivision in which such notice is required to be published: Provided, however, That if in any such county, or in any municipal subdivision thereof, there are at least three newspapers of general circulation published within the limits of such county or municipal subdivision, the foregoing provisions if this section shall be deemed complied with if publication shall be made in all of the said newspapers in the county or municipal subdivision, notwithstanding that all such newspapers may represent either the majority party or the minority party. Whenever such notice relates to any matter or proceeding in court or to the sale of bonds or increase of indebtedness, the same shall also be published in the legal newspaper, if any, in the proper county, provided publication can be made therein on the same day or days as publication is made in newspapers of general circulation.

(106 amended June 28, 1947, P.L.1057, No.452)

Section 107. Public Funding of Elections.--(a) The cost and expense to State and local governments relating to the registration of voters and the preparation, administration and conduct of elections in this Commonwealth shall be funded only upon lawful appropriation of the Federal, State and local governments, and the source of funding shall be limited to money derived from taxes, fees and other sources of public revenue.

(b) State and local governments, including their public officers, public officials, employees and agents, acting in their official capacity, may not solicit, apply for, enter into a contract for or receive or expend gifts, donations, grants or funding from any individual, business, organization, trust, foundation, or any nongovernmental entity for the registration of voters or the preparation, administration or conducting of an election in this Commonwealth.

(c) This section shall not be construed to apply to the collection of fees authorized by law or to the donation or use of:

(1) a location for voting purposes;

(2) services that are provided without remuneration; or

(3) goods that have a nominal value of less than one hundred ($100) dollars.

(107 added July 11, 2022, P.L.1577, No.88)

ARTICLE II

The Secretary of the Commonwealth

Section 201. Powers and Duties of the Secretary of the Commonwealth.--The Secretary of the Commonwealth shall exercise in the manner provided by this act all powers granted to him by this act, and shall perform all the duties imposed upon him by this act, which shall include the following:

(a) To determine, in accordance with the provisions of this act, the forms of nomination petitions and papers, expense accounts and all other forms and records, the form of which he is required to determine under the provisions of this act.

(b) To examine and reexamine voting machines, and to approve or disapprove them for use in this State, in accordance with the provisions of this act. The secretary shall not approve any voting machine for any election, Federal or State, in this Commonwealth, that does not comply with the requirements of section 301 of the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15481). ((b) amended July 14, 2009, P.L.86, No.20)

(c) To certify to county boards of elections for primaries and elections the names of the candidates for President and Vice-President of the United States, presidential electors, United States senators, representatives in Congress and all State offices, including senators, representatives, and judges of all courts of record, and delegates and alternate delegates to National Conventions, and members of State committees, and the form and wording of constitutional amendments or other questions to be submitted to the electors of the State at large.

(d) To receive and determine, as hereinafter provided, the sufficiency of nomination petitions, certificates and papers of candidates for President of the United States, presidential electors, United States senators, representatives in Congress and all State offices, including senators, representatives and judges of all courts of record, and delegates and alternate delegates to National Conventions and members of State committees.

(e) To receive such reports from county boards of elections as are required by this act, and to demand such additional reports on special matters as he may deem necessary.

(e.1) To receive from county boards of elections information on voting system errors or difficulties or other election data pursuant to regulation.

(f) To receive from county boards of elections the returns of primaries and elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this act; to proclaim the results of such primaries and elections, and to issue certificates of election to the successful candidates at such elections, except in cases where that duty is imposed by law on another officer or board.

(f.1) To develop a voluntary professional certification and poll worker training program for county election officials in consultation with county boards of elections.

(f.2) To order a county board to conduct a recount or recanvass of an election under section 1404 for a public office which appears on the ballot in every election district in this Commonwealth or for a ballot question which appears on the ballot in every election district in this Commonwealth.

(g) To perform such other duties as may be prescribed by law.

(h) To establish a system for the remedy of complaints regarding the administration of the provisions of Title III of the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15481 et seq.).

(201 amended Oct. 8, 2004, P.L.807, No.97)

Section 201.1. Explanation of Ballot Question.--Whenever a proposed constitutional amendment or other State-wide ballot question shall be submitted to the electors of the Commonwealth in referendum, the Attorney General shall prepare a statement in plain English which indicates the purpose, limitations and effects of the ballot question on the people of the Commonwealth. The Secretary of the Commonwealth shall include such statement in his publication of a proposed constitutional amendment as required by Article XI of the Constitution of Pennsylvania. The Secretary of the Commonwealth shall certify such statement to the county boards of elections who shall publish such statement as a part of the notice of elections required by section 1201 or any other provision of this act. The county board of elections shall also require that at least three copies of such statement be posted in or about the voting room outside the enclosed space with the specimen ballots and other instructions and notices of penalties. In election questions which affect only one county or portion thereof, the county board of elections shall fulfill these requirements in the place of the Attorney General and the Secretary of the Commonwealth.

(201.1 added Feb. 19, 1986, P.L.29, No.11)

Section 202. Records and Documents to Be Open to Public Inspection.--The records of the Secretary of the Commonwealth and all returns, nomination petitions, certificates and papers, other petitions, accounts, contracts, reports and other documents and records in his custody shall be open to public inspection, and may be inspected and copied by any qualified elector of the State during ordinary business hours at any time when they are not necessarily being used by the Secretary of the Commonwealth, or his deputy or employes having duties to perform in reference thereto: Provided, however, That such public inspection thereof shall only be in the presence of the Secretary of the Commonwealth, or his deputy or one of his authorized employes, and shall be subject to proper regulation for safekeeping of the records and documents, and subject to the further provisions of this act.

Section 203. Preservation of Records.--All documents and records in the office of the Secretary of the Commonwealth shall be preserved therein for a period of two years, unless otherwise provided in this act.

Section 204. Voting Standards Development Board.--(a) There is hereby established within the Department of State a Voting Standards Development Board comprised of seven members for the purpose of developing uniform and nondiscriminatory standards that define what constitutes a vote.

(b) The board shall be comprised of the following members:

(1) The Secretary of the Commonwealth or his designee.

(2) Two county directors of election appointed by the President pro tempore of the Senate, one of whom shall be from a county in which votes are cast on paper ballots.

(3) One county director of elections appointed by the Minority Leader of the Senate, who shall be from a county in which votes are cast on punch card voting systems.

(4) Two county directors of election appointed by the Speaker of the House of Representatives, one of whom shall be from a county in which votes are cast on direct recording electronic voting systems.

(5) One county director of elections appointed by the Minority Leader of the House of Representatives, who shall be from a county in which votes are cast on optical scan voting systems.

(c) The Secretary of the Commonwealth shall serve as chair of the board. Each member shall serve until the expiration of his term. A vacancy shall be filled in the same manner as the original appointment.

(d) The board shall meet as needed to fulfill the requirements of this section.

(e) Four members of the board shall constitute a quorum, and an affirmative vote of a majority of the members of the board is required for the issuance of standards in accordance with subsection (h).

(f) The board may establish any rules necessary for its operation, consistent with the provisions of subsection (e).

(g) The members of the board shall receive no compensation for their services on the board but shall be reimbursed by the department for ordinary and necessary expenses incurred in the performance of their duties.

(h) (1) The board shall have the power and duty to develop uniform and nondiscriminatory standards that define what constitutes a valid vote cast through a paper ballot and what constitutes a valid vote through each type of electronic voting system used in the Commonwealth. On or before July 1, 2003, the board shall adopt standards for paper ballots and each type of electronic voting system. The department shall cause these standards to be published as a notice in the Pennsylvania Bulletin.

(2) The standards adopted by the board and published by the Department of State in the Pennsylvania Bulletin Volume 33 Number 31 on August 2, 2003, shall have the force and effect of law until such time as a category of voting system, other than the paper ballot or electronic voting system as defined in section 1101-A, is approved by the secretary for use in this Commonwealth under section 201(b). The secretary shall publish the approval as a notice in the Pennsylvania Bulletin.

((h) amended May 15, 2013, P.L.25, No.6)

(204 added Dec. 9, 2002, P.L.1246, No.150)

Compiler's Note: Section 16 of Act 45 of 2006 provided that the amendment of section 204(h) shall take effect immediately.

Section 205. State Plan Advisory Board.--(a) There is hereby established within the Department of State a State Plan Advisory Board comprised of fifteen members for the purpose of advising the Secretary of the Commonwealth on the development of the State Plan required by the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15301 et seq.).

(b) The board shall be comprised of the following members:

(1) One director of elections from a county of the first class.

(2) One director of elections from a county of the second class.

(3) The chairperson of the political party with the highest number of registered voters in the Commonwealth.

(4) The chairperson of the political party with the second highest number of registered voters in the Commonwealth.

(5) Eleven members appointed by the Secretary of the Commonwealth as follows:

(i) Seven directors of elections, one from a county of the second class A and one each from a county of the third, fourth, fifth, sixth, seventh and eighth class.

(ii) One representative of an organization of disabled Pennsylvania veterans.

(iii) One representative of an organization of blind and visually impaired Pennsylvanians.

(iv) Two representatives of the public at large, who shall be registered electors of the Commonwealth.

(c) The board shall elect a chairman from among its members. Each member appointed by the secretary shall serve for a term of five years. A vacancy shall be filled in the same manner as the original appointment.

(d) The board shall meet as needed to fulfill the requirements of this section.

(e) Eight members of the board shall constitute a quorum. A vote of the majority of the members of the board is required for the issuance of recommendations in accordance with subsection (h).

(f) The board may establish any rules necessary for its operation consistent with the provisions of subsection (e).

(g) The members of the board shall receive no compensation for their services on the board but shall be reimbursed by the department for ordinary and necessary expenses incurred in the performance of their duties.

(h) The board shall have the power and duty to advise the Secretary of the Commonwealth on the development of the State Plan, which the secretary must develop and submit to the Federal Election Assistance Commission in accordance with the Help America Vote Act of 2002. The board shall make recommendations on all aspects of the State Plan described in section 254 of the Help America Vote Act of 2002.

(205 added Dec. 9, 2002, P.L.1246, No.150)

Section 206. Requirements Relating to Voter Identification.--(a) The Secretary of the Commonwealth shall prepare and disseminate information to the public regarding the proof of identification requirements established under sections 1210 and 1302.

(b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b) (relating to issuance and content of driver's license) to the contrary, the Department of Transportation shall issue an identification card described in 75 Pa.C.S. § 1510(b) at no cost to any registered elector who has made application therefor and has included with the completed application a statement signed by the elector declaring under oath or affirmation that the elector does not possess proof of identification as defined in section 102(z.5)(2) and requires proof of identification for voting purposes.

(c) The Secretary of the Commonwealth shall prepare the form of the statement described in subsection (b) and shall distribute the form to the counties and the Department of Transportation. The Secretary of the Commonwealth, the Secretary of Transportation and the county boards of election shall disseminate information to the public regarding the availability of identification cards under subsection (b).

(206 added Mar. 14, 2012, P.L.195, No.18)

Compiler's Note: See sections 10 and 11 of Act 18 of 2012 in the appendix to this act for special provisions relating to application of law.

Section 207. Requirements for Disapproval or Decertification of Voting Apparatuses.--(a) The Commonwealth may not disapprove or decertify a voting apparatus in 50% or more counties until the requirements of this section have been met.

(b) If the Commonwealth intends to make a disapproval or decertification under subsection (a), the Department of State must submit a written plan to the President pro tempore of the Senate, the Speaker of the House of Representatives, the Appropriations Committee of the Senate, the Appropriations Committee of the House of Representatives, the State Government Committee of the Senate and the State Government Committee of the House of Representatives at least 180 days prior to the effective date of the replacement voting apparatuses, containing all of the following information:

(1) The reason for the disapproval or decertification.

(2) The estimated cost to replace the disapproved or decertified voting apparatus and the plan for how funding will be obtained to cover the estimated cost.

(3) A plan for replacing the disapproved or decertified voting apparatus.

(4) The effective date of the replacement voting apparatus.

(c) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Electronic voting system" shall have the meaning given to the term in section 1101-A.

"Voting apparatus" shall mean a kind or type of electronic voting system that received the approval of the Secretary of the Commonwealth under section 1105-A.

(207 added Oct. 31, 2019, P.L.552, No.77)

Section 208. Census Outreach.--The Department of State may utilize up to $4,000,000 of funds not expended, encumbered or committed from appropriations from the General Fund for a fiscal year ending before July 1, 2020, for an executive branch agency, which is subject to the policy, supervision and control of the Governor, for communication, administration and assistance within each county of the Commonwealth for the purpose of ensuring a complete and accurate census count of the Commonwealth in the 2020 Federal decennial census. The funds shall be transferred by the Secretary of the Budget to a restricted account as necessary to make payments under this section and, when transferred, are hereby appropriated to carry out the provisions of this section. The Secretary of the Budget may make a transfer of funds if the transfer will not result in a deficit in an appropriation from which funds are transferred. The Secretary of the Budget shall provide at least 10 days prior notification of a transfer to the chair and minority chair of the Appropriations Committee of the Senate and the chair and minority chair of the Appropriations Committee of the House of Representatives.

(208 added Oct. 31, 2019, P.L.552, No.77)

ARTICLE III

County Boards of Elections

Section 301. County Boards of Elections; Membership.--

(a) There shall be a county board of elections in and for each county of this Commonwealth, which shall have jurisdiction over the conduct of primaries and elections in such county, in accordance with the provisions of this act.

(b) In each county of the Commonwealth, the county board of elections shall consist of the county commissioners of such county ex officio, or any officials or board who are performing or may perform the duties of the county commissioners, who shall serve without additional compensation as such. Except in counties of the first class, in counties which have adopted home rule charters or optional plans the board of elections shall consist of the members of the county body which performs legislative functions unless the county charter or optional plan provides for the appointment of the board of elections. In either case, there shall be minority representation on the board. The county body which performs legislative functions shall in the case where the board does not contain minority representation appoint such representation from a list submitted by the county chairman of the minority party.

(c) Whenever a member of the board of county commissioners is a candidate for nomination or election to any public office, the President Judge of the Court of Common Pleas shall appoint a judge or an elector of the county to serve in his stead. Whenever there appears on the ballot a question relating to the adoption of a Home Rule Charter for the county or amendments to an existing county Home Rule Charter, the President Judge of the Court of Common Pleas shall appoint judges or electors of the county to serve in the stead of the county commissioners. Appointees who are not currently elected office holders shall receive compensation for such service as determined by the salary board plus mileage as specified by the county for expenses incurred when performing election board business. ((c) amended June 10, 1982, P.L.458, No.135)

(301 amended July 21, 1979, P.L.189, No.63)

Section 302. Powers and Duties of County Boards.--The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:

(a) To investigate and report to the court of quarter sessions their recommendations on all petitions presented to the court by electors for the division, redivision, alteration, change or consolidation of election districts, and to present to the court petitions for the division, redivision, alteration, change or consolidation of election districts in proper cases.

(b) To select and equip polling places that meet the requirements of this act. ((b) amended May 12, 2006, P.L.178, No.45)

(c) To purchase, preserve, store and maintain primary and election equipment of all kinds, including voting booths, ballot boxes and voting machines, and to procure ballots and all other supplies for elections.

(d) To appoint their own employes, voting machine custodians, and machine inspectors.

(e) To issue certificates of appointment to watchers at primaries and elections.

(f) To make and issue such rules, regulations and instructions, not inconsistent with law, as they may deem necessary for the guidance of voting machine custodians, elections officers and electors.

(g) To instruct election officers in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several election districts of the county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted.

(h) To prepare and publish, in the manner provided by this act, all notices and advertisements in connection with the conduct of primaries and elections, which may be required by law.

(i) To investigate election frauds, irregularities and violations of this act, and to report all suspicious circumstances to the district attorney.

(j) To receive and determine, as hereinafter provided, the sufficiency of nomination petitions, certificates and papers of candidates for county, city, borough, township, ward, school district, poor district, election offices, and local party offices required by law or by party rules to be filed with the board.

(k) To receive from district election officers the returns of all primaries and elections, to canvass and compute the same, and to certify, no later than the third Monday following the primary or election, the results thereof to the Secretary of the Commonwealth, as may be provided by law, and to such other authorities as may be provided by law. The certification shall include the number of votes received in each election district by each candidate for the General Assembly.

(l) To publicly announce by posting at its office the results of primaries and elections for county, city, borough, township, ward, school district, poor district, election offices, and party offices, if any; to provide the results to the Secretary of the Commonwealth; and to issue certificates of election to the successful candidates for said offices.

(m) To prepare and submit, not later than five days prior to each primary, municipal and general election, a report to the Secretary of the Commonwealth in the form prescribed by him, which shall contain a statement of the total number of electors registered in each election district, together with a breakdown of registration by each political party or other designation. Copies of said statement shall be furnished, upon request, to the county chairman of each political party and political body. The Secretary of the Commonwealth shall forthwith submit such information to the Legislative Data Processing Center and shall publicly report the total number of registered electors for each political party or other designation in each county prior to election day. ((m) amended July 11, 2022, P.L.1577, No.88)

(n) To annually prepare and submit to the county commissioners or other appropriating authorities of the county an estimate of the cost of primaries and elections and of the expenses of the board for the ensuing fiscal year.

(o) To perform such other duties as may be prescribed by law.

(p) A county board of elections shall not pay compensation to a judge of elections who wilfully fails to deliver by two o'clock A. M. on the day following the election envelopes; supplies, including all uncast provisional ballots; and returns, including all provisional ballots cast in the election district and statements signed under sections 1306 and 1302-D. ((p) amended Mar. 27, 2020, P.L.41, No.12)

(302 amended Oct. 8, 2004, P.L.807, No.97)

Section 303. Decisions by Majority Vote; Employes.--

(a) All actions of a county board shall be decided by a majority vote of all the members, except as may be otherwise provided herein.

(b) Each county board may appoint a chief clerk, who shall have authority to administer oaths and to sign vouchers, and such other employes and assistants as, from time to time, the board may deem necessary to carry out the provisions of this act. The county board may appoint the chief clerk and other employes of the county commissioners to act as such for the county board of elections without any additional compensation as such.

Section 304. Regulations; Subpoenas; Witnesses; Fees.--

(a) Each county board of elections may make regulations, not inconsistent with this act or the laws of this Commonwealth, to govern its public sessions, and may issue subpoenas, summon witnesses, compel production of books, papers, records and other evidence, and fix the time and place for hearing any matters relating to the administration and conduct of primaries and elections in the county under the provisions of this act. All subpoenas issued by the county board shall be in substantially the same form and shall have the same force and effect as subpoenas issued by the court of common pleas of such county, and, upon application, the board shall be entitled to the benefit of the process of such court if necessary to enforce any subpoena issued by them. Each member of the county board shall have the power to administer oaths and affirmations. Each person testifying before any county board shall be first duly sworn or affirmed.

(b) Any person filing any petition with a county board or opposing the same shall have the privilege of having subpoenas issued by the board to compel the attendance of witnesses, upon condition that all witnesses so subpoenaed shall be paid witness fees, in the manner herein provided. ((b) repealed in part Apr. 28, 1978, P.L.202, No.53)

(c) Witnesses subpoenaed by the county board shall each also be entitled to daily witness fees at the rate aforesaid, to be paid by the board: Provided, however, That election officers, clerks, machine inspectors, overseers and watchers, when subpoenaed by the county board to appear before the board, sitting for the computation and canvassing of votes cast at an election, shall not be entitled to witness fees.

(d) No subpoena shall be issued for the benefit of any person other than the county board until he shall have paid the board a fee of twenty-five (.25) cents for issuing the same and deposited with the board one day's witness fees for each witness to be summoned thereby, whose names shall be given to the board and entered by it in such subpoena and among its records, and no such subpoena shall be effective to require the further attendance of any witness after the day mentioned therein, unless the hearing be postponed or continued by the board, and unless, before four o'clock P. M. of said day, the person for whose benefit it be issued shall have deposited with the board an additional day's witness fees for each witness whose further attendance is desired. As soon as convenient after any hearing is concluded, postponed or continued on any day, the county board shall disburse the fees deposited with it by any persons aforesaid, among those witnesses who have appeared in response to subpoenas issued as aforesaid, and shall return to the person who deposited the same any fees deposited for others who did not attend, and shall also pay like fees to any witnesses summoned by the board as aforesaid, taking their receipts therefor, so long as there are sufficient funds available for such payments. The county board shall pay over to the county treasurer all fees received for subpoenas.

Section 305. Expenses of County Boards and of Primaries and Elections to Be Paid by County; Expenses of Special Elections; Boards to Be Provided with Offices.--

(a) The county commissioners or other appropriating authorities of the county shall appropriate annually, and from time to time, to the county board of elections of such county, the funds that shall be necessary for the maintenance and operation of the board and for the conduct of primaries and elections in such county, including the payment of the compensation of the employes of the board, custodians, election officers, and other assistants and employes herein provided for, and the fees of witnesses as herein provided; for the purchase or printing, under contracts made by the board, of all ballots and other primary and election supplies required by this act, or which the board shall consider necessary to carry out the provisions of this act; for the purchase, under contracts made by the board, and maintenance, of voting machines, when adopted as herein provided, and of all other primary and election equipment required by this act, or which the board shall consider necessary to carry out the provisions of this act; for the publication of notices authorized by this act, under contracts made by the board, and for all other necessary expenses hereunder: Provided, however, That bonds or other evidences of indebtedness, payable not later than thirty years from their dates of issuance, may be issued by the county commissioners or other appropriating authorities of the county in accordance with the provisions of law relating to the increase of indebtedness of such county, to meet all or any part of the cost of voting machines.

1. The county shall be liable for the expenses of holding special elections for any city, borough, township, school district or other municipality or incorporated district contained therein, which is held on the day of any general, municipal or primary election, and on any special question which is required by law to be, or which is, at the discretion of the county board, as hereinafter provided, printed on the regular ballot after the list of the candidates, or on the same voting machine as the list of candidates.

2. Any city, borough, township, school district or other municipality or incorporated district contained in any county, holding a special election, as authorized by law, on the question of increase of indebtedness or any other question to be voted on by the electors of such subdivision, which special election is held on the day of any general, municipal or primary election and which is required by law to be conducted or at the discretion of the county board, as hereinafter provided, is conducted by special ballots for such question, shall be liable to the county for the expenses necessarily incurred in the printing of such special ballots.

3. If any other day than the day of any general, municipal or primary election be fixed by the corporate authorities of any municipality, school district or incorporated district for the holding of a special election on the question of increase of indebtedness or any other question, as authorized by law, such municipality, school district or incorporated district shall be liable for and pay the entire expense of holding such election, including the cost of printing ballots and supplies, pay of election officers, the rental of polling places, and the cost of canvassing and computing the votes cast.

4. The Department of State shall reimburse county boards of election for those additional costs incurred by the county for any special election held to fill a vacancy in the Pennsylvania General Assembly. Only those costs which are attributable solely to the special election shall be reimbursed. Reimbursement shall not be denied because the special election is held on the same day as a general, municipal or primary election if the county can show that additional costs were incurred attributable solely to the special election. The Governor may, from time to time, allocate to the Department of State as much money from the General Fund as he deems necessary to permit the department to reimburse the counties for costs incurred in the special elections.

((a) amended May 5, 1982, P.L.374, No.108)

(b) The county commissioners or other appropriating authorities of the county shall provide the county board with suitable and adequate offices at the county seat, properly furnished for keeping its records, holding its public sessions and otherwise performing its public duties, and shall also provide such branch offices for the board in cities other than the county seat, as may be necessary.

(c) The Commonwealth shall reimburse each city of the first class and county for election expenses incurred in and incidental to preparing, handling, mailing, delivering, counting and storing official absentee ballots requested by any elector in military service, Federal employment overseas, Merchant Marine, and in any religious group or welfare agency assisting the Armed Forces, including spouses and dependents, and bedridden and hospitalized veterans as herein provided in the sum of sixty cents (60¢) for each such ballot mailed or delivered.

Each county board of elections shall file in the Department of State, not later than thirty days after every election, on a form prescribed by the Department of State, a statement of the number of ballots mailed or delivered in such manner as is now or may hereafter be provided by law to electors in actual military service, Federal employment overseas, Merchant Marine, and in any religious group or welfare agency assisting the Armed Forces, including spouses and dependents, and to bedridden or hospitalized veterans.

The Department of State shall ascertain and fix the amount due, as herein provided, to each city of the first class and county for election expenses incurred, and by requisition in the usual course shall provide for payment of such amounts so found due from moneys appropriated to the Department of State for such purpose, or shall prorate the moneys so appropriated among the several cities of the first class and counties to be reimbursed, if the amount so appropriated shall not be sufficient for the payment in full to each city of the first class and county of the amount found to be due.

((c) amended Dec. 17, 1990, P.L.681, No.169)

(305 amended Aug. 1, 1941, P.L.672, No.273)

Section 306. Counsel; Compensation; Duties.--The county solicitor shall serve as counsel for the county board in the several counties of the Commonwealth, and shall receive no compensation therefor in addition to his compensation as county solicitor. Such counsel shall advise the county board, from time to time, regarding its powers and duties, and the rights of candidates and electors, and concerning the best methods of legal procedure for carrying out the various provisions of this act, and shall appear for and represent the county board on all appeals taken from its decisions or orders to the court of common pleas, as herein provided.

Section 307. Acts of Employes.--The amending of any records by any employe of any county board of elections by order of such board shall be construed to have been done by the board itself, which shall likewise be responsible for the correction of any errors in the doing thereof.

Section 308. Records and Documents to Be Open to Public Inspection; Proviso.--The records of each county board of elections, general and duplicate returns, tally papers, affidavits of voters and others, nomination petitions, certificates and papers, other petitions, appeals, witness lists, accounts, contracts, reports and other documents and records in its custody, except the contents of ballot boxes and voting machines and records of assisted voters, shall be open to public inspection, except as herein provided, and may be inspected and copied by any qualified elector of the county during ordinary business hours, at any time when they are not necessarily being used by the board, or its employes having duties to perform thereto: Provided, however, That such public inspection thereof shall only be in the presence of a member or authorized employe of the county board, and shall be subject to proper regulation for safekeeping of the records and documents, and subject to the further provisions of this act: And provided further, That general and duplicate returns, tally papers, affidavits of voters and others, and all other papers required to be returned by the election officers to the county board sealed, shall be open to public inspection only after the county board shall, in the course of the computation and canvassing of the returns, have broken such seals and finished, for the time, their use of said papers in connection with such computation and canvassing.

Section 309. Preservation of Records.--All documents, papers and records in the office of the county board of elections of each county shall be preserved therein for a period of at least eleven (11) months, and all official ballots and the contents of ballot boxes shall be preserved therein for a period of at least four (4) months; in the event the county board has been notified in writing by the district attorney of the county, or by a judge of a court of record, to preserve said papers or contents of ballot boxes for a longer period of time, for the purposes of pending prosecution or litigation, said records shall be preserved accordingly.

(309 amended July 14, 1961, P.L.648, No.334)

Section 310. Watchers or Attorneys at Sessions of County Board; Candidates May Be Present.--

(a) Any party or political body or body of citizens which now is, or hereafter may be, entitled to have watchers at any registration, primary or election, shall also be entitled to appoint watchers who are qualified electors of the county or attorneys to represent such party or political body or body of citizens at any public session or sessions of the county board of elections, and at any computation and canvassing of returns of any primary or election and recount of ballots or recanvass of voting machines under the provisions of this act. Such watchers or attorneys may exercise the same rights as watchers at registration and polling places, but the number who may be present at any one time may be limited by the county board to not more than three for each party, political body or body of citizens.

(b) Every candidate shall be entitled to be present in person or by attorney in fact duly authorized, and to participate in any proceeding before any county board whenever any matters which may affect his candidacy are being heard, including any computation and canvassing of returns of any primary or election or recount of ballots or recanvass of voting machines affecting his candidacy.

(c) Any candidate, attorney or watcher present at any recount of ballots or recanvass of voting machines shall be entitled to examine the ballots or the voting machine and to raise any objections regarding the same, which shall be decided by the county board, subject to appeal, in the manner provided by this act.

Section 311. Immunity from Arrest.--Members of county boards of elections, and custodians of voting machines shall be privileged from arrest while performing their duties as such under this act, except upon warrant of a court of record or judge thereof, for felony, for wanton breach of the peace or for a criminal violation of this act.

Section 312. Intervention in Suits.--(312 repealed Apr. 28, 1978, P.L.202, No.53)

ARTICLE IV

District Election Officers

Section 401. District Election Boards; Election.--All primaries and elections shall be conducted in each election district by a district election board consisting of a judge of election, a majority inspector of election and a minority inspector of election, assisted by clerks and machine inspectors in certain cases, as hereinafter provided. The judge and inspectors of election of each election district shall be elected by the electors thereof at the municipal election, and shall hold office for a term of four years from the first Monday of January next succeeding their election. Each elector may vote for one person as judge and for one person as inspector, and the person receiving the highest number of votes for judge shall be declared elected judge of election, the person receiving the highest number of votes for inspector shall be declared elected majority inspector of election, and the person receiving the second highest number of votes for inspector shall be declared elected minority inspector of election.

(401 amended Feb. 10, 1956, P.L.1019, No.319)

Section 402. Qualifications of Election Officers.-- (a) Except as provided in subsection (b), election officers shall be qualified registered electors of the district in which they are elected or appointed. No person shall be qualified to serve as an election officer who shall hold, or shall within two months have held, any office, appointment or employment in or under the Government of the United States or of this State or of any city or county or poor district, of any municipal board, commission or trust in any city, save only district justices, notaries public and persons in the militia service of the State; nor shall any election officer be eligible to any civil office to be voted for at a primary or election at which he shall serve, except that of an election officer.

(b) The county board may appoint students notwithstanding their eligibility to vote to serve as a clerk or machine inspector pursuant to the following:

(1) The county board may appoint no more than two students per precinct.

(2) The judge of elections shall have direct supervision of the student.

(3) The county board may compensate the student.

(4) The county board shall comply with all applicable Federal and State laws.

(5) The student must at the time of the election for which the student shall serve:

(i) be at least seventeen (17) years of age;

(ii) be a United States citizen and a resident of the county in which he was appointed to serve;

(iii) be enrolled in a secondary educational institution with an exemplary academic record as determined by the educational institution;

(iv) be approved by the principal or director of the secondary educational institution; and

(v) have obtained the consent of their parent or guardian.

(6) The student may not serve as a judge of election or majority or minority inspector.

(402 amended Dec. 9, 2002, P.L.1246, No.150)

Section 403. Tie Votes for Judge and Inspector.--If at any municipal election in any district there shall be a tie vote for the office of judge of election, the majority inspector of election elected at said election shall decide the tie vote. If at any municipal election in any district there is a tie vote for inspectors, the two candidates who receive the same number of votes shall determine by lot which of them shall be the majority inspector, and the other candidate shall be the minority inspector, and in case of a tie vote also for judge of election at said election, the tie shall be decided by the person so determined to be majority inspector. The county board shall be notified immediately upon the determination of any such tie vote.

Section 404. Clerks of Election, Machine Inspectors.--Prior to the opening of the polls at each primary and election in districts in which voting machines are not used, each inspector shall appoint one clerk to serve at such primary or election. One clerk shall be appointed by the minority inspector in each district in which a voting machine or machines are used, and in each district in which more than one voting machine is used, the county board of elections shall, prior to each primary and election, appoint for each additional voting machine to be used in such district, one qualified registered elector of the county to serve as machine inspector therein for such primary or election. The qualifications of clerks and machine inspectors shall be the same as herein provided for election officers.

Compiler's Note: Section 5(3) of Act 3 of 2002 provided that section 404 is repealed to the extent that it prohibits the sharing of the duties of the authorized positions of clerk of elections or machine operator.

Section 405. Vacancies in Election Boards; Appointment; Judge and Majority Inspector to Be Members of Majority Party; Minority Inspector to Be Member of Minority Party.--(a) Vacancies in election boards existing by reason of the disqualification, removal, resignation or death of an election officer, or from any other cause, occurring prior to the fifth day before any primary or election, shall, in all cases, be filled by appointment, by the court of the proper county, of competent persons, qualified in accordance with the provisions of this act, who shall serve for the unexpired term of the person whose place he is appointed to fill: Provided, however, That any district election officer who, after his election or appointment, changes his political affiliation, shall not thereby become disqualified to serve on said election board, and shall not thereby be subject to removal. In making such appointments, the court shall receive and consider any petitions filed by qualified electors of the district affected, and shall make no appointment to fill any vacancy unless notice of the time at which they will make such appointment shall have been posted on the polling place of such district, and in the immediate vicinity thereof, at least five days prior thereto. In the appointment of inspectors in any election district, both shall not be of the same political party at the time of said appointment, but one shall be of the party having the largest number of votes and the other shall be of the party having the second largest number of votes in said district at the last preceding November election, as nearly as the judge or judges can ascertain the fact. The judge of election shall, in all cases of appointment, be of the political party having the majority of votes in said district at the last preceding November election, as nearly as the judge or judges can ascertain the fact. Immediately upon the entry of an order of court filling any vacancy on an election board, the clerk of said court shall forthwith transmit a certified copy of said order to the county board, giving the name and address of said appointee. Notwithstanding any provisions to the contrary, in counties which have adopted home rule charters or optional plans and which appoint the members of the county election board under section 301(b), vacancies in the county board of elections shall be filled consistent with the provisions for appointment of county election board members under that section.

(a.1) Vacancies in county boards existing by reason of the disqualification, removal, resignation or death of a clerk or machine inspector appointed pursuant to section 404 or a vacancy of a clerk or machine inspector from any other cause occurring prior to the day of any primary or election may be filled by a student pursuant to section 402(b).

(b) The first election board for any new district shall be selected, by the court of the proper county, of competent persons, qualified in accordance with the provisions of this act, who shall serve until the next municipal election at which all election officials are elected under the provisions of section 401.

(c) Vacancies in election boards occurring at any time during the five days immediately preceding any primary or election or on the day of the primary or election may be filled by appointment by the county board of elections from a pool of competent persons who are qualified registered electors of the county and who have been trained by the county to perform the duties of election officers which are required by this act. Any person appointed to fill a vacancy in accordance with this subsection shall serve as a member of the election board on the day of the primary or election only. Any election board position filled in accordance with this subsection shall be deemed vacant on the day immediately following the primary or election and subsequently shall be filled in accordance with subsection (a).

(405 amended Dec. 9, 2002, P.L.1246, No.150)

Section 406. Election Officers to Be Sworn.--All judges, inspectors, clerks of election and machine inspectors shall, before entering upon their duties at any primary or election, be duly sworn in the presence of each other and of the watchers and overseers, if any. The judge shall first be sworn by the minority inspector or by a magistrate, alderman or justice of the peace, and the inspectors, clerks and machine inspectors shall then be sworn by the judge. Each of them shall forthwith sign in duplicate the oath taken by him upon forms to be furnished by the county board, and the same shall be attested by the officer who administered the oath.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 407. Oath of Judge of Election.--The following shall be the oath of each judge of election:

"I (John Doe) do swear (or affirm) that I will as judge duly attend the ensuing election (or primary) during the continuance thereof, and in cooperation with the inspectors, faithfully carry on the same; that I will not give my consent to the admission of any person to vote, except such as I firmly believe to be registered and entitled to vote at such election (or primary), according to the provisions of the Constitution and laws of this Commonwealth, and that I will use my best endeavors to prevent any fraud, deceit or abuse in carrying on the same, and that I will make a true and perfect return of the said election (or primary), and will at all times impartially and faithfully perform my duty respecting the same, to the best of my judgment and ability; and that I am not directly or indirectly interested in any bet or wager on the result of this election (or primary)."

Section 408. Oaths of Inspectors of Election.--The following shall be the form of the oath to be taken by each inspector:

"I (John Doe) do swear (or affirm) that I will as an inspector duly attend the ensuing election (or primary) during the continuance thereof, and that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the provisions of the Constitution and laws of this Commonwealth, that I will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as aforesaid, that I will make a true and perfect return of the said election (or primary), and that I will in all things truly, impartially and faithfully perform my duties therein, to the best of my judgment and ability; and that I am not directly or indirectly interested in any bet or wager on the result of this election (or primary)."

Section 409. Oaths of Clerks of Election.--The following shall be the form of the oath to be taken by each clerk:

"I (John Doe) do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will carefully and truly record the number of votes that shall be given for each candidate at the election (or primary) as often as his name shall be read to me by the judge or inspectors thereof, and in all things truly and faithfully perform my duty respecting the same to the best of my judgment and ability; and that I am not directly or indirectly interested in any bet or wager on the result of this election (or primary)."

Section 410. Oath of Machine Inspectors.--The following shall be the form of the oath to be taken by each machine inspector:

"I (John Doe) do swear (or affirm) that I will as a machine inspector attend the ensuing election (or primary) during the continuance thereof, that I will in all things truly and faithfully perform my duty respecting the same to the best of my judgment and ability; and that I am not directly or indirectly interested in any bet or wager on the result of this election (or primary)."

Section 411. Power of Election Officers to Administer Oaths.--The judge and inspectors of election shall each have the power to administer oaths to any person claiming the right to vote, or to his witnesses, or in any matter or thing required to be done or inquired into by them under this act.

Section 412. Compensation of Election Officers.--(412 repealed May 5, 1982, P.L.374, No.108)

Section 412.1. Compensation of Election Officers.--(412.1 repealed Oct. 31, 1997, P.L.482, No.48)

Section 412.2. Compensation of District Election Officers.--(a) In all counties regardless of class, judges of election, inspectors of election, clerks and machine operators shall be paid compensation as fixed by the county board of elections for each election, which amount shall be at least $75 and not more than $200.

(a.1) An election officer shall receive additional compensation, as fixed by the county board of elections, for participating in election training.

(a.2) A judge of election shall receive additional compensation, as fixed by the county board of elections, for picking up and returning election materials.

(b) If a county board of elections authorizes that the duties of a clerk of elections or machine operator may be performed by two individuals who each perform the duties for one-half of an election day, each individual shall be compensated at one-half of the rate authorized for a single individual who performs the duties for the entire election day.

(c) The county board of elections may establish different per diem rates within minimum and maximum rates provided for under subsection (a) based on the number of votes cast for the following groups:

(1) 150 votes or fewer.

(2) 151 to 300 votes.

(3) 301 to 500 votes.

(4) 501 to 750 votes.

(5) 751 votes and over.

(d) For transmitting returns of elections and the ballot box or boxes, all judges of election shall be entitled to receive the additional sum of $20.

(e) The county board of elections may require the minority inspector of election to accompany the judge of election in transmitting the returns of elections, in which case the minority inspector of election shall be entitled to receive the additional sum of $20.

(f) The individual furnishing transportation to the judge of election and the minority inspector in transmitting returns and ballot boxes shall be entitled to a minimum of 35¢ per circular mile from the polling place to the county court house. The name of the individual shall appear on the voucher of the judge of election and only one individual may receive mileage compensation.

(g) ((g) repealed Oct. 9, 2009, P.L.494, No.49)

(h) When a primary and special election or a special election and a general or municipal election take place on the same date, the elections shall be construed as one election for the purpose of receiving compensation.

(i) Compensation and other payments received by election officials under this section shall not be deemed income classified and categorized under section 303 of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

(412.2 amended Oct. 31, 2019, P.L.552, No.77)

Compiler's Note: Section 14 of Act 45 of 2006, which amended section 412.2, provided that section 412.2 shall apply to the district election officers of a county when any increase in compensation payable to an elected election officer is permitted in accordance with section 27 of Article III of the Constitution of Pennsylvania.

Section 16 of Act 45 of 2006 provided that the amendment of section 412.2 shall take effect January 1, 2007.

Compiler's Note: Section 19 of Act 150 of 2002, which added section 412.2, provided that section 412.2 shall be applicable as constitutionally permissible.

Section 413. Election Officers, Clerks, Machine Inspectors, and Overseers Privileged from Arrest.--District election officers, clerks, machine inspectors and overseers shall be privileged from arrest upon days of primaries and elections, and while engaged in making up and transmitting returns, except upon the warrant of a court of record, or judge thereof, for an election fraud, for felony, or for wanton breach of the peace.

Section 414. Instruction of Election Officers in Voting Machine Districts; Unqualified Officers Not to Serve.--In districts in which voting machines are to be used, the county board of elections, or the custodians appointed by them, shall instruct in the use of the machines, and in their duties in connection therewith, all judges and inspectors of election and machine inspectors who are to serve at the primary or election, and who have not been previously instructed and found qualified, and they shall give to each judge, inspector and machine inspector, who has received such instruction and is found qualified to conduct such primary or election with the voting machine, a certificate to that effect. For the purpose of giving such instructions, the county boards shall call such meeting or meetings of election officers as shall be necessary. Each judge, inspector and machine inspector shall, upon notice, attend such meeting or meetings called for his instruction and receive such instruction as shall be necessary for the proper conduct of the primary or election with voting machines, and, as compensation for the time spent in receiving such instruction, each judge, inspector and machine inspector who shall qualify for and serve at such primary or election, shall receive the sum of five ($5.00) dollars, to be paid to him at the same time and in the same manner as compensation is paid to him for his services on election day. No judge, inspector or machine inspector shall serve at any primary or election at which a voting machine is used, unless he shall have received such instructions, shall have been found qualified to perform his duties in connection with the machine, and shall have received a certificate to that effect from the county board or one of the custodians appointed by them: Provided, however, That this shall not prevent the appointment of a judge or inspector of election or machine inspector to fill a vacancy arising on the day of election or on the preceding day.

Section 415. Overseers of Election.--On the petition of five or move duly registered electors of any election district, setting forth that the appointment of overseers is a reasonable precaution to secure the purity and fairness of any primary or election in said district, it shall be the duty of the court of common pleas of the proper county, all the law judges of the said court able to act at the time concurring, to appoint two judicious, sober and intelligent electors of the said district belonging to different political parties, overseers of election to supervise the proceedings of election officers thereof and to make report of the same as they may be required by such court. Said overseers shall be persons qualified to serve upon election boards, but shall not be required to comply with the provisions of section 414 of this act. They shall be sworn or affirmed by the judge of election, to the faithful discharge of their duties, and each shall sign said oath in duplicate, and shall have the right to be present with the officers of such primary or election within the enclosed space during the entire time the same is held, the votes counted, and the returns made out and signed by the election officers; to keep a list of voters if they see proper; to challenge any person offering to vote and interrogate him and his witnesses under oath in regard to his right of suffrage at said primary or election, and to examine his papers produced. Overseers shall sign returns of elections as hereinafter required. Whenever the members of an election board shall differ in opinion, the overseers, if they shall be agreed thereon, shall decide the question of difference.

Section 416. Driving away Overseers; Effect.--Election officers are required to afford to said overseers, so selected and appointed, every convenience and facility for the discharge of their duties. If said election officers shall refuse to permit said overseers to be present and to perform their duties, as aforesaid, or if the overseers shall be driven away from the polls by violence or intimidation, all the votes polled in such election district may be rejected by the proper tribunal trying a contest of the said primary or election, or a part or portion of such votes aforesaid may be counted, as such tribunal may deem necessary to a just and proper disposition of the case.

Section 417. Appointment of Watchers.--

(a) Each candidate for nomination or election at any election shall be entitled to appoint two watchers for each election district in which such candidate is voted for. Each political party and each political body which has nominated candidates in accordance with the provisions of this act, shall be entitled to appoint three watchers at any general, municipal or special election for each election district in which the candidates of such party or political body are to be voted for. Such watchers shall serve without expense to the county.

(b) Each watcher so appointed must be a qualified registered elector of the county in which the election district for which the watcher was appointed is located. Each watcher so appointed shall be authorized to serve in the election district for which the watcher was appointed and, when the watcher is not serving in the election district for which the watcher was appointed, in any other election district in the county in which the watcher is a qualified registered elector: Provided, That only one watcher for each candidate at primaries, or for each party or political body at general, municipal or special elections, shall be present in the polling place at any one time from the time that the election officers meet prior to the opening of the polls under section 1208 until the time that the counting of votes is complete and the district register and voting check list is locked and sealed, and all watchers in the room shall remain outside the enclosed space. It shall not be a requirement that a watcher be a resident of the election district for which the watcher is appointed. After the close of the polls and while the ballots are being counted or voting machine canvassed, all the watchers shall be permitted to be in the polling place outside the enclosed space. Each watcher shall be provided with a certificate from the county board of elections, stating his name and the name of the candidate, party or political body he represents. Watchers shall be required to show their certificates when requested to do so. Watchers allowed in the polling place under the provisions of this act, shall be permitted to keep a list of voters and shall be entitled to challenge any person making application to vote and to require proof of his qualifications, as provided by this act. During those intervals when voters are not present in the polling place either voting or waiting to vote, the judge of elections shall permit watchers, upon request, to inspect the voting check list and either of the two numbered lists of voters maintained by the county board: Provided, That the watcher shall not mark upon or alter these official election records. The judge of elections shall supervise or delegate the inspection of any requested documents.

(c) No candidate or committee of a political party or of a political body, nor any other person or persons shall pay to any watcher compensation in excess of one hundred twenty ($120.00) dollars per diem.

(d) A watcher whose watcher's certificate is destroyed or lost on election day may appear before the court of common pleas under section 1206 and, after swearing under oath or affirmation that the watcher's certificate was destroyed or lost, may immediately receive a replacement watcher's certificate issued by the court.

(417 amended Oct. 8, 2004, P.L.807, No.97)

ARTICLE V

Election Districts and Polling Places

(Hdg. amended Nov. 24, 1999, P.L.543, No.51)

Section 501. Townships, Boroughs and Wards to Constitute Election Districts.--Each borough and township, not divided into wards, and each ward of every city, borough and township now existing or hereafter created, shall constitute a separate election district, unless divided into two or more election districts or formed into one election district, as hereinafter provided.

(501 amended July 11, 1980, P.L.600, No.128)

Section 502. Court to Create New Election Districts.--Subject to the provisions of section 501 of this act, the court of common pleas of the county in which the same are located, may form or create new election districts by dividing or redividing any borough, township, ward or election district into two or more election districts of compact and contiguous territory, having boundaries with clearly visible physical features conforming with census block lines from the most recently completed Federal decennial census and wholly contained within any larger district from which any Federal, State, county, municipal or school district officers are elected, or alter the bounds of any election district, or form an election district out of two or more adjacent districts or parts of districts, or consolidate adjoining election districts or form an election district out of two or more adjacent wards, so as to suit the convenience of the electors and to promote the public interests. Except for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1,200) registered electors. No election district shall be formed that shall contain less than one hundred (100) registered electors. When a school district crosses county lines, the regions of the school district shall be composed of contiguous election districts.

(502 amended Dec. 9, 2002, P.L.1246, No.150)

Section 503. Petitions for New Election Districts; Reference to County Board of Elections; Report.--Upon the petition of twenty registered electors of any township, borough, ward or election district, to the court of the proper county, praying for the division or redivision of such township, borough, ward or election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, the said court shall refer the said petition to the county board of elections, which shall make a full investigation of the facts, and shall report to the court its findings and recommendations as to the division, redivision, alteration, formation or consolidation of election districts prayed for. If the county board shall find that a division, redivision, alteration, formation or consolidation of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation or consolidation of election districts, which must have clearly visible physical boundaries conforming with census block lines from the most recently completed Federal decennial census, and shall accompany its report with a map and a verbal description of the boundaries, as well as a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election. Such petitions may specify the boundaries desired by the petitioners, and may be accompanied by a map setting forth such boundaries. When petitioners request specific boundaries, their petition shall include a certification from the county board of elections of the electors registered in each proposed election district for the immediately preceding general or municipal election.

(503 amended Dec. 9, 2002, P.L.1246, No.150)

Section 504. Petitions by County Board; Action by Court on Petition or Report.--The county board of elections may also petition the court for the division or redivision of any township, borough, ward or election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, accompanying its petition with a map and a verbal description of the boundaries of the proposed new election districts which must have clearly visible physical features conforming with census block lines from the most recently completed Federal decennial census. The petition must also include a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election. Upon the presentation of any such petition by the county board, or upon the filing by the board of its report and recommendations as to any petition presented by qualified electors under the provisions of section 503 of this act, the court may make such order for the division, redivision, alteration, formation or consolidation of election districts, as will, in its opinion, promote the convenience of electors and the public interests: Provided, however, That the court shall not make any final order for the division, redivision, alteration, formation or consolidation of election districts until at least ten days after notice shall have been posted in at least five public and conspicuous places in the district or districts to be affected thereby, one of which notices shall be posted on or in the immediate vicinity of the polling place in each such district. Such notice shall state in brief form the division, redivision, alteration, formation or consolidation of election districts recommended by the county board, the number of electors registered in each district at the immediately preceding general or municipal election, and the date upon which the same will be considered by the court, and shall contain a warning that any person objecting thereto must file his objections with the clerk of the court prior to such date. Upon the making of any such final order by the court, a copy thereof shall be certified by the clerk to the county board of elections.

(504 amended Dec. 9, 2002, P.L.1246, No.150)

Section 505. Court in its Order to Appoint Election Officers.--In all cases in which any court shall make a final order for the division, redivision, alteration, formation or consolidation of an election district or districts, said court shall, within a reasonable time thereafter, make an order appointing the district election board or boards for holding elections in said district or districts, until an election board shall have been elected according to law.

(505 amended July 25, 1961, P.L.871, No.376 and repealed in part Apr. 28, 1978, P.L.202, No.53)

Section 506. District Boundaries.--In administering elections for the nomination and election of candidates for the United States House of Representatives and the General Assembly, county boards of election shall adhere to the following rule: Where an election district is used in or pursuant to a congressional redistricting statute or the Final Plan of the Legislative Reapportionment Commission to define the boundary of a congressional district or State legislative district, the boundary of such election district shall be the boundary existing and recognized by the Legislative Reapportionment Commission for the adoption of its Final Plan. The boundaries of the congressional districts as established by statute and State legislative districts as set forth in the Final Plan of the Legislative Reapportionment Commission shall remain in full force and effect for use thereafter until the next reapportionment or redistricting as required by law and shall not be deemed to be affected by any action taken pursuant to this article.

(506 added Dec. 9, 2002, P.L.1246, No.150)

(b) Polling Places

Section 526. Polling Places to Be Selected by County Board.--(a) The county board of elections shall select and fix the polling place within each new election district and may, at any time, for any reason that may seem proper to it, either on its own motion or on petition of ten qualified registered electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoidable event occurring within twenty days of a primary or election, which renders any polling place unavailable for use at such primary or election, the county board shall not change any polling place until at least five days after notice of the proposed change shall have been posted on the existing polling place and in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of said polling place, or their agent.

(b) Except in case of emergency or unavoidable event, occurring within twenty days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the county board on or before the day set for hearing of the petition for change of polling place, signed by a majority of the registered electors of the district, objecting to the proposed change, said change shall not be ordered.

(c) The county board of elections shall publicly announce, not less than twenty days prior to the primary election, special election, municipal election or general election, by posting at its office in a conspicuous place, a list of the places at which the election is to be held in the various election districts of the county. The list shall be available for public inspection at the office of the county board of elections.

(526 amended May 12, 2006, P.L.178, No.45)

Section 527. Public Buildings to Be Used Where Possible; Portable Polling Places.--(a) In selecting polling places, the county board of elections shall, wherever possible and practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. Any board of public education or school directors, or county or the municipal authorities shall, upon request of the county board, make arrangements for the use of school property, or of county or municipal property for polling places. In selecting polling places, the county board of elections shall make every effort to select polling places that provide all electors with an environment that is free from intimidation and violence.

In the event no available public building as contemplated under this section is situated within the boundaries of any election district, the county board of elections may, not less than twenty days prior to any election, designate as the polling place for such election district any such public building situated in another election district within the same or immediately adjacent ward, or, if there are no wards, then within the same borough or township as the case may be, provided such other building is located in an election district which is immediately adjacent to the boundary of the election district for which it is to be the polling place and is directly accessible therefrom by public street or thoroughfare. Two or more polling places may be located in the same public building under this section. A pol