Pennsylvania SB 1108: An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in district election officers, further providing for district election boards and election and for qualifications of election officers, repealing provisions relating to tie votes for judge and inspector and further providing for vacancies in election boards, appointment, judge and majority inspector to be members of majority party and minority inspector to be member of minority party.

Bill Text

PRINTER'S NO. 1364
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1108
Session of
2025
INTRODUCED BY BOSCOLA, FONTANA, COSTA AND STEFANO,
DECEMBER 22, 2025
REFERRED TO STATE GOVERNMENT, DECEMBER 22, 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 district election officers, further providing
for district election boards and election and for
qualifications of election officers, repealing provisions
relating to tie votes for judge and inspector and further
providing for vacancies in election boards, appointment,
judge and majority inspector to be members of majority party
and minority inspector to be member of minority party.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 401 and 402(a) of the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are amended to read:
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
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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.] appointed by the county
board of elections as provided in this article.
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].
* * *
Section 2. Section 403 of the act is repealed:
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[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 3. Section 405 heading, (a), (b) and (c) of the act
are amended and the section is amended by adding subsections to
read:
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; Transition of
Elected Officers.--(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] county board of elections, of competent persons,
qualified in accordan