Pennsylvania SB 400: An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; in qualifications of electors, further providing for qualifications of electors at primaries; in party organization, further providing for only enrolled electors to vote at primaries or hold party offices; in nomination of candidates, further providing for candidates to be nominated and party officers to be elected at primaries and providing for procedure for unenrolled electors to cast primary ballots; and, in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges.

Bill Text

PRINTER'S NO. 712
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 400
Session of
2025
INTRODUCED BY LAUGHLIN, BOSCOLA, SCHWANK, KEARNEY, FONTANA,
COMITTA, SANTARSIERO, PENNYCUICK, ROBINSON, CAPPELLETTI,
PICOZZI, MILLER AND BARTOLOTTA, APRIL 30, 2025
REFERRED TO STATE GOVERNMENT, APRIL 30, 2025
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"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," in preliminary provisions, further providing for
definitions; in qualifications of electors, further providing
for qualifications of electors at primaries; in party
organization, further providing for only enrolled electors to
vote at primaries or hold party offices; in nomination of
candidates, further providing for candidates to be nominated
and party officers to be elected at primaries and providing
for procedure for unenrolled electors to cast primary
ballots; and, in preparation for and conduct of primaries and
elections, further providing for manner of applying to vote,
persons entitled to vote, voter's certificates, entries to be
made in district register, numbered lists of voters and
challenges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding a definition to read:
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Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(z.7) The words "unenrolled elector" shall mean a person who
is registered to vote within an election district having
selected "none or no affiliation" or "independent" in regard to
a political party on their Pennsylvania voter registration
application .
Section 2. Sections 702, 802 and 902 of the act are amended
to read:
Section 702. Qualifications of Electors at Primaries.--(a)
The qualifications of electors entitled to vote at primaries
shall be the same as the qualifications of electors entitled to
vote at elections within the election district where the primary
is held[, provided that no elector who is not registered and
enrolled as a member of a political party, in accordance with
the provisions of this act, shall be permitted to vote the
ballot of such party or any other party ballot at any primary].
(b) Unenrolled electors shall be permitted to vote in
primary elections in accordance with the procedures specified in
sections 902.1 and 1231.
Section 802. Only Enrolled Electors to [Vote at Primaries
or] Hold Party Offices.--No person who is not registered and
enrolled as a member of a political party shall be entitled to
[vote at any primary of such party or to] be elected or serve as
a party officer, or a member or officer of any party committee,
or delegate or alternate delegate to any party convention.
Section 902. Candidates to Be Nominated and Party Officers
to Be Elected at Primaries.--All candidates of political
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parties, as defined in section 801 of this act, for the offices
of President of the United States, United States Senator,
Representative in Congress and for all other elective public
offices within this State, except that of presidential electors,
shall be nominated, and party delegates and alternate delegates,
committeemen and officers who, under the provisions of Article
VIII of this act or under the party rules, are required to be
elected by the party electors, shall be elected at primaries
held in accordance with the provisions of this act[, except as
otherwise provided in this act. In the years when candidates for
the office of President of the United States are to be
nominated, every registered and enrolled member of a political
party shall have the opportunity at the Spring primary in such
years to vote his preference for one person to be the candidate
of his political party for President.]. In a primary election
conducted in this Commonwealth, all unenrolled electors shall
have the opportunity to vote in accordance with the procedures
specified in section 902.1.
Section 3. The act is amended by adding a section to read:
Section 902.1. Procedure for Unenrolled Electors to Cast
Primary Ballots.--(a) Upon confirming an unenrolled elector's
status as a registered elector, the elections officer shall ask
the unenrolled elector