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§ 2602. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: March 14, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article I. Preliminary Provisions
Effective: March 14, 2012
25 P.S. § 2602
§ 2602. 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) “Canvass” includes gathering the ballots after the election and counting, computing and tallying the votes.
(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.
(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.1
(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.
(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, poor houses and county homes.
(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.
(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.
(y) The word “dependent” means any person who is in fact a dependent.
(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.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).2
(z.2) Repealed by 1968, Dec. 11, P.L. 1183, No. 375, § 2.
(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.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.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 1210,3 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 1301:4
(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).

Credits

1937, June 3, P.L. 1333, art. I, § 102. Amended 1941, Aug. 1, P.L. 672, § 1; 1945, March 9, P.L. 29, § 1; 1951, March 6, P.L. 3, §§ 1, 2; 1960, Jan. 8, P.L. (1959) 2135, § 1; 1963, Aug. 13, P.L. 707, §§ 1, 2, effective Jan. 1, 1964; 1968, Dec. 11, P.L. 1183, No. 375, §§ 1 to 3; 1986, May 5, P.L. 150, No. 47, § 1, imd. effective; 1990, Dec. 17, P.L. 681, No. 169, § 1, effective in 60 days; 1998, Feb. 13, P.L. 72, No. 18, § 1, imd. effective; 2002, Dec. 9, P.L. 1246, No. 150, § 1, imd. effective; 2012, March 14, P.L. 195, No. 18, § 1, imd. effective.
HISTORICAL AND STATUTORY NOTES
Act 1998-18 legislation
The 1998 amendment, in par. (w), substituted “municipality” for “State or county” and “Commonwealth or county” throughout the section, and added par. (z.4).
Act 2002-150 legislation
Act 2002-150, § 1, added par. (g.1).
Act 2012-18 legislation
Act 2012-18, § 1, added the definition of “proof of identification”.
Section 11 of 2012, March 14, P.L. 195, No. 18, imd. effective, provides that “[t]he amendment of sections 102, 1210, 1302, 1302.2, 1305, 1308 and 1309 of the act [25 P.S. §§ 2602, 3050, 3146.2, 3146.2b, 3146.5, 3146.8, 3146.9] shall apply to elections held after September 17, 2012.”

Footnotes

25 P.S. § 2831.
37 U.S.C.A. § 101.
25 P.S. § 3050.
25 P.S. § 3146.1.
25 P.S. § 2602, PA ST 25 P.S. § 2602
Current through 2018 Regular Session Acts 1 to 87, 89 to 94, 97, 105, 107, 108, 111, 115, 124, 128, 131 to 133, 145, 153, 156, 158, 159, 161, 163 and 164
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