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Pennsylvania Statutes § 3155 Manner of computing irregular ballots

⤴ Up to Article XIV: Returns of Primaries and Elections

Statute Text

The county board, in computing the votes cast at any primary or election, shall compute and certify votes cast on irregular ballots exactly as such names were written, stamped [, affixed to the ballot by sticker,] or deposited [or affixed] in or on receptacles for that purpose, and as they have been so returned by the election officers. In districts in which paper ballots or ballots cards are electronically tabulated, stickers or labels may not be used to mark ballots. A vote cast by means of a sticker or label affixed to a ballot or ballot card shall be void and may not be counted. In the primary the Secretary of the Commonwealth shall not certify the votes cast on irregular ballots for any person for a national office including that of the President of the United States, United States Senator and representative in Congress; or for any State office including that of Governor and Lieutenant Governor, Auditor General, State Treasurer, senator and representative in the General Assembly, justices and judges of courts of record or for any party office including that of delegate or alternate delegate to national conventions and member of state committee unless the total number of votes cast for said person is equal to or greater than the number of signatures required on a nomination petition for the particular office. In the primary the county board shall not certify the votes cast on irregular ballots for any person for a justice of the peace, constable, national, state, county, city, borough, town, township, ward, school district, election or local party office unless the total number of votes cast for said person is equal to or greater than the number of signatures required on a nomination petition for the particular office.
[Section 1626 . Reporting by candidate and political committees and other persons.--]
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[(C) Vouchers or copies of vouchers for all sums expended amounting to more than twenty-five dollars ($25) shall be retained by the candidate or the committee treasurer and shall be available for public inspection and copying as herein provided. Any person may inspect or copy such vouchers or copies thereof by filing a written request with the appropriate supervisory office which shall notify the candidate or political committee of such request. The candidate or political committee shall have the option of either forwarding such vouchers or copy of the same to the supervisor for such purpose or making the vouchers or copy of the same available to the requesting person. If a candidate or a treasurer of a political committee shall fail to make said vouchers or copies thereof available for inspection and copying when requested by the appropriate supervisory officer, such officer shall direct the candidate or political committee to promptly deliver the vouchers or copies thereof to the supervisory office for purposes of inspection and copying. Costs of copying and costs of delivery by the candidate or treasurer of the requested vouchers or copies thereof shall be borne by the person requesting same.] (1) Vouchers or copies of vouchers for all sums expended amounting to more than twenty-five dollars ($25) shall be retained by the candidate or the political committee treasurer for a period of three (3) years as required under section 1622 (C) and shall be available for public inspection and copying.
[(2) A person may inspect or copy vouchers or copies of vouchers by filing a written request directly with the candidate or political committee. The candidate or political committee shall make the vouchers or copies of the vouchers available to the requesting person. Costs of copying and costs of delivery by the candidate or treasurer of the requested vouchers or copies shall be borne by the requesting person. If a candidate or a treasurer of a political committee fails to make the vouchers or copies of the vouchers available for inspection and copying when requested, the requesting person shall provide written notice of the violation to the candidate or political committee. If the violation is not corrected within 30 days after receipt of a notice, the requesting person may file an action in an appropriate court of common pleas seeking declaratory or injunctive relief. In an action under this subsection, the court may allow the prevailing party reasonable attorney fees, including litigation costs and expenses.]
[(3) Prior to granting a request for inspection and copying vouchers, a candidate or political committee may require a requester to prepay an estimate of the fees authorized under this section if the costs of copying and costs of delivery required to fulfill the request are expected to exceed one hundred dollars ($100). If no prepayment is requested or made, a candidate or political committee may require the requestor to pay the actual costs of copying and costs of delivery prior to the release of the requested documents.]
[(4) A person who violates this section shall be subject to the penalties under this act. The attorney general shall have prosecutorial jurisdiction over a violation committed under this section. The district attorney of any county in which a violation occurred has concurrent powers and responsibilities with the attorney general over the violations.]
[(5) A candidate or political committee may deny a requesting person access to a voucher or copies if the requesting person has made repeated requests for the same record and the repeated requests have placed an unreasonable burden on the candidate or political committee. A denial under this paragraph shall not restrict the ability to request a different record.]
[(6) The following words and phrases when used in this section shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise:]
["Committee." As defined in section 1621.]
["Costs of copying." Up to twenty-five cents (25¢) per copy for black and white copies, and up to fifty cents (50¢) per copy for color copies. If a cd or dvd is provided, the cost of copying will be up to the actual cost of the cd or dvd, not to exceed three dollars ($3) per disc. For a flash drive the cost of copying will be up to the actual cost of the flash drive.]
["Costs of delivery." The cost of postage or shipping of documents from the candidate or committee to the requester. The allowable fee for postage or shipping will be up to the actual cost of the united states postal service's first-class postage.]
["Political committee." As defined in section 1621.]
["Voucher." A document that reasonably describes the campaign expense.]
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History

Amended by P.L. TBD 2019 No. 77 , § 9 , eff. 10/31/2019 .

1937, June 3, P.L. 1333, art. XIV, § 1405. Amended 1968, March 13, P.L. 57, No. 17, § 1; 1971, Dec. 22, P.L. 621, No. 165, § 15.

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