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 ^B EtT 775 
 
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^^v 
 
 No. 10. . 
 
 AN ACT 
 
 Providing: a uniform method of electing certain party officers, 
 and delegates to the State and National Conventions, and 
 of making nominations for certain public offices; providing 
 for the payment of the expenses of the same; making certain 
 violations thereof misdemeanors, and prescribing penalties 
 for the violation of its provisions. 
 
 Section 1. Be it enacted, &c., That this act shall 
 be known, and may be cited, as the "Uniform Pri- 
 maries Act." 
 
 Section 2. From and after November first, one 
 thousand nine hundred and six, two primaries shall be 
 held each year, in every election district of this Com- 
 monwealth in which nominations are to be made or 
 delegates or party officers elected, as herein provided. 
 One shall be held on the fourth Saturday before the 
 February election, to be known as the Winter pri- 
 mary; the other shall be held on the first Saturday 
 of June, — except in years when a President of the 
 United States is to be elected, in which it shall be 
 held on the second Saturday of April, — to be known 
 as the Spring primary. 
 
 Delegates to State and National conventions, except 
 delegates-at-large to National conventions, which 
 shall be elected by the State convention, shall be elect- 
 ed at the Spring primary, throughout the Common- 
 wealth, by any party or body of electors one of whose 
 candidates, at either the general or February election 
 preceding, polled two per centum of the largest entire 
 vote cast in the State for anv candidate at the last 
 general election. Candidates for all offices to be filled 
 at the general election, with the exception of those 
 nominated by National or State conventions, shall be 
 nominated at the Spring primary. Candidates for 
 all offices to be filled at the February election shall 
 be nominated at the Winter primary, and such party 
 officers as are provided for by the rules of the several 
 political parties to be elected by vote of the party 
 electors, shall be elected at either or both primaries, 
 by any political party or body of electors one of whose 
 candidates, at either the general or February elec- 
 tions preceding such primary, polled two per centum 
 of the largest entire vote cast, in the political dis- 
 trict in which nominations are to be made or candi- 
 dates elected, for any candidate at the last general 
 election. 
 
 No delegates to State or National conventions, or 
 officers of parties, shall be elected, or candidates for 
 
 (1) 
 
 257173 
 
the public ofiices herein specihed be uomiuated, in 
 any other manner than as set forth in this act: 
 Provided, That nothing herein contained shall prevent 
 the nomination of candidates for borough or township 
 offices, or other offices hot herein specifically enum- 
 erated, in the manner provided by existing laws; or 
 any association of electors, not constituting a party, 
 from nominating candidates by nomination papers, as 
 is provided by existing laws. 
 
 This act shall not apply to the nomination of candi- 
 dates for Presidential electors, or to the nomination 
 of candidates to be voted for at special elections to 
 fill vacancies; but it shall not be construed to prevent 
 the nomination of Presidential electors at primaries, 
 if the rules of the respective parties so provide. 
 
 Section 3. On or before the ninth Saturday preced- 
 ing the Spring primary, the Secretary of the Common- 
 wealth shall send to the county commissioners in each 
 county a written notice, setting forth the number of 
 Congressmen and officers of the Commonwealth, not 
 nominated by State Conventions, to be elected or 
 voted for therein at the next succeeding general elec- 
 tion. 
 
 On or before the same date, the chairman of the 
 State committee of each party shall send to the county 
 commissioners a written notice, setting forth the 
 number of delegates to be elected in such county to 
 the State and National convention of such party. 
 
 On or before the ninth Saturday preceding each 
 primary, the chairman of the county committee of 
 each party shall send to the county commissioners of 
 such county a written notice, setting forth the names 
 of all party offices to be filled by election at the en- 
 suing primary. 
 
 Upon receipt of such notices, and beginning within 
 one week thereafter, such county commissioners shall 
 publish the number of delegates to be elected to the 
 State and National conventions of each party, to- 
 gether with the names of all offices for which nomina- 
 tions are to be made or candidates for the party 
 offices to be elected, within the county, at the ensuing 
 primary, at least once each week for three successive 
 weeks, in two newspapers of general circulation pub- 
 lished within the county, wherever such course is 
 possible. Such newspapers, so far as practicable, 
 shall be representative of different political parties. 
 
 Section 4. Official primary ballots for each party 
 shall be prepared by the county commissioners. These 
 ballots shall be printed on white paper of uniform 
 quality, and shall be uniform in size, style of printing 
 and srenernl nppparan<*r^ 
 
The ballot for each party shall be in the following 
 form: 
 
 PRIMARY BALLOT. 
 
 (Name of Party.) 
 
 District, Ward, City of 
 
 County of State of Pennsylvania. 
 
 Primary held on the day of , 190 — . 
 
 Make a cross (X) in the square to the right of each 
 candidate for whom you wish to vote. If you desire 
 to vote for a person whose name is not on the ballot, 
 write or paste his name in the blank space provided 
 for that purpose. 
 
 DELEGATES TO STATE CONVENTION. 
 (Vote for ) 
 
 John Doe (Favors Thomas Smith for Governor.). 
 
 Richard Roe, 
 
 John Stiles (Favors Henry Jones for Governor.). 
 
 MEMBER OF CONGRESS, DISTRICT. 
 
 (Vote for one.) 
 
 John Doe, . . 
 Richard Roe, 
 John Stiles, 
 
 STATE SENATOR DISTRICT. 
 
 (Vote for one.) 
 
 John Doe, . . . 
 Richard Roe, 
 John Stiles, . 
 
 DISTRICT ATTORNEY. 
 (Vote for one.) 
 
 John Doe, . . , 
 Richard Roe, 
 John Stiles, 
 
 PARTY COMMITTEEMEN. 
 (Vote for ) 
 
 John Doe, .- 
 
 Richard Roe, 
 
 John Stiles, .' 
 
 [And on the back of such ballot shall also be print- 
 ed in prominent type the name of the party.] 
 
The ballot shall vary in form only as the names of 
 offices or candidates may require. The names of the 
 candidates shall appear in alphabetical order under 
 the respective offices. The voter may designate his 
 choice, as is indicated by the instructions shown on 
 the form of ballot above set forth. 
 
 Each candidate for delegate shall have the right, 
 by filing a request with the county commissioners, to 
 have printed at the right of his name upon the 
 official ballot, in the space provided for that purpose, 
 the name of the candidate whom he will support in 
 the convention. 
 
 Section 5. The names of candidates shall be printed 
 upon the official ballot of a designated party, upon 
 the filing of petitions, signed by qualified electors 
 of the political district division within which the 
 nomination or election is to be made, setting forth 
 that the signers thereof are members of the party 
 designated. 
 
 The said petitions, in the case of candidates for 
 Congress or for State offices, shall be filed, at least 
 four weeks prior to the primary, with the Secretary 
 of the Commonwealth; and in all other cases shall be 
 filed, at least three weeks prior to the primary, with 
 the county commissioners of the respective counties. 
 
 The number of signers shall be as follows: 
 
 1. Candidates for nomination for Members of Con- 
 gress, Judges of the various courts, and State Sen- 
 ator, two hundred qualified electors. 
 
 2. Candidates for nomination for Members of the 
 State House of Representatives, and for offices to be 
 voted for by the entire county, fifty qualified electors. 
 
 3. Candidates for nomination for all other offices, 
 for delegates to State and National conventions, and 
 for party offices, ten qualified electors. 
 
 Section 6. The Secretary of the Commonwealth, 
 immediately after the filing of the said petitions with 
 him, shall forward to the county commissioners of 
 each county a correct list of the candidates of each 
 party for the various offices, as contained in such 
 petitions. 
 
 The county commissioners shall have on file in 
 their office, at least one week preceding the primary, 
 open to public inspection, forms of the ballots with 
 the names printed thereon, which shall be used in 
 each election district within such county. 
 
 Section 7. The county commissioners shall prepare, 
 and furnish to the election officers for use at the 
 primaries, as many official ballots of each party as 
 are equal to double the total number of votes cast for 
 any candidate of said party, within the election dis- 
 trict, at the last general election : Provided, That the 
 county commissioners shall furnish such additional 
 
number of ballots, in any election district, as may 
 be requested in writing by the chairman of the county 
 committee of any party; such requests must be filed 
 with the county commissioners two weeks before the 
 primary. 
 
 The county commissioners shall also furnish one- 
 fourth as many specimen ballots as the whole num- 
 ber of official ballots, to be printed on colored paper, 
 and to be of the same size and form as the official 
 ballot, for the use of the electors at the polls. 
 
 The official ballots shall be bound, in books of one 
 hundred each, in the same manner as ballots at elec- 
 tions; and shall be delivered to the officers of elec- 
 tion in the same manner as ballots are or hereafter 
 may be required by law to be delivered to officers 
 of election, for use at elections. 
 
 The county commissioners shall prepare, and fur- 
 nish to the election officers, at the primaries, such 
 ballot boxes, properly numbered for each election dis- 
 trict, lists of voters, forms, blanks, return sheets, 
 blank books and other supplies as they are, or here- 
 after may be, required to furnish, by law, to said 
 officers for use at elections, and shall deliver them 
 in the same manner as at elections. The said supplies 
 shall have printed upon them appropriate instruc- 
 tions, and shall be in appropriate form for use at the 
 primaries. They shall also provide for the opening 
 of the polling-places, for the compensation of the 
 owners thereof, shall see that they are in proper 
 order, and provided with voting-booths, as at elec- 
 tions. 
 
 Section 8. The primaries shall be conducted by the 
 regular election boards, duly elected under existing 
 laws,. who shall receive one-half the compensation for 
 their services that they receive at elections. In- 
 spectors of elections shall have the right to appoint 
 clerks to assist them, as at elections, who shall receive 
 one-half the compensation that clerks receive for such 
 services at elections. Vacancies on election boards 
 shall be filled in the manner now provided by law. 
 Before entering upon their duties the election officers 
 and clerks shall be sworn, as is now required by law. 
 
 The polls shall be open between the hours of two 
 post meridian and eight post meridian: Provided, 
 That all persons licensed to sell liquors, either at 
 wholesale or retail, or as bottlers, shall be compelled 
 to keep their places of business closed, on said days 
 for holding said primary elections, only between the 
 hours of one o^clock post meridian and nine o'clock 
 post meridian. 
 
 Primaries shall be conducted in conformity with 
 the laws governing the conduct of general elections, 
 in so far as the same are not modified by the provi- 
 
6 
 
 sions of this act or are not inconsistent with its termis: 
 But, provided, That no elector shall be permitted 
 to receive any assistance in marking his ballot, unless 
 he shall first make an affidavit that he cannot read 
 the names on the ballot, or that by reason of physical 
 disability he is unable to mark his ballot. 
 
 Section 9. The county commissioners shall keep, an 
 accurate account of the entire expense of holding such 
 primaries, including the preparation and delivery of 
 supplies, voting materials, et cetera, and the total 
 amount shall Ibe paid, in the first instance, by the 
 county treasurer, upon the order of the county com- 
 missioners. As soon as convenient thereafter, the 
 county commissioners shall prepare an itemized state- 
 ment of the amount so paid, verified by oath, and send 
 the same, accompanied by the receipted vouchers, to 
 the Auditor General, who, if he finds the same correct, 
 shall draw a warrant on the State Treasurer, for the 
 proper county, for the amount so approved, which 
 shall be paid by the State Treasurer out of the money 
 in the State Treasury not otherwise appropriated. 
 
 Section 10. The qualifications of electors entitled 
 to vote at a primary shall be the same as the qualifi- 
 cations of electors entitled to vote at elections, within 
 the election district where the primary is held. Each 
 elector shall prove his qualifications and his identity 
 in the same manner in which electors in the election 
 district in which he offers to vote are, or hereafter 
 may be, required by law to prove their qualifications 
 or identity, on election day. 
 
 Each elector shall have the right to receive the 
 ballot of the party for which he asks: Provided, That 
 if he is challenged, he shall be required to make oath 
 or affirmation that, at the next preceding general 
 election at which he voted, he voted for a majority 
 of the candidates of the party for whose ballot he 
 asks. 
 
 Upon executing such affidavit the voter shall be en- 
 titled to receive the ballot for which he has called, 
 and to cast his vote according to law. 
 
 Section 11. The ballot boxes, lists of voters (a copy 
 of which shall be posted outside of the polling-place), 
 and other records shall be delivered into the custody 
 of the officers who now are, or hereafter may be, 
 required by law to keep similar records of elections. 
 
 Upon the closing of the polls at such primary elec- 
 tion, the election officers shall forthwith procoed to 
 open the ballot boxes and take therefrom the ballots, 
 and first count the number cast for each party, and 
 make a record thereof; and then count the vote cast 
 for the different persons named upon said party bal- 
 lots; and, when said count is finally completed, they 
 shall certify, in due and proper form, to the number 
 
of votes cast for each person upon the respective party 
 tickets. They shall then replace the ballots, counted 
 and canvassed, in the boxes, and lock the same. They 
 shall then place the returns of votes and the register 
 of voters, aforesaid, for each party, in separate en- 
 velopes, and seal the same; which said envelopes 
 shall, on or before noon of the Tuesday following, be 
 deposited by the judge of election in person, or by 
 registered mail, with the county commissioners, who 
 shall on the succeeding day, at noon, publicly com- 
 mence the computation and canvassing of the re- 
 turns, and continue the same from day to day until 
 completed; and for that purpose to have the right to 
 petition the court of common pleas for the use of its 
 processes to enforce the provisions of this act in rela- 
 tion to the returns of the election officers. 
 
 Upon petition of ten qualified electors of any coun- 
 ty, setting forth that fraud has been committed in 
 any election district of said county, together with a 
 statement of the reasons why such an assertion is 
 made, it shall be the duty of the county commis- 
 sioners to open the ballot box of the said district and 
 to recount the votes. Any person aggrieved by any 
 decision of the county commissioners relative to the 
 counting of the votes may appeal therefrom to the 
 court of common pleas of the proper county, whose 
 duty it shall be to hear said appeal, and to make such 
 decree as right and justice shall require: Provided, 
 however. That in case of a contest of delegates to a 
 State Convention, such contests shall be determined 
 by the State Convention, according to the rules of 
 their respective parties. Contests of primaries shall 
 be originated and conducted as in the case of elec- 
 tions. 
 
 The county commissioners shall make the proper 
 certification of returns of votes cast for the candidates 
 for nomination for members of Congress or for State 
 offices to the Secretary of the Commonwealth, who 
 shall tabulate the same, and shall certify to the county 
 commissioners the result of the computation of the 
 vote for such offices, at least forty days prior to 
 the election. 
 
 Section 12. Candidates for offices of the Common- 
 wealth, to be voted for by electors of the State at 
 large, shall be nominated by the State conventions, 
 for which delegates are elected in accordance with 
 the terms of this act. The delegates who receive 
 a plurality of the votes of the party electors at the 
 Spring primary shall be the duly elected delegates 
 to the respective State and National conventions. 
 Said State conventions shall be held not later thao 
 one week after the date of the primary, in accordance 
 with the rules of the respective parties. 
 
8 
 
 Candidates for nomination as provided herein, wtio 
 receive a plurality of votes of any party at a primary 
 meeting, shall be the candidates of that party, and 
 it shall be the duty of the proper officers to print 
 their names upon the official ballots, for use at the 
 election, as is now or hereafter may be required by 
 law. 
 
 Candidates for party offices, who receive a plurality 
 of the votes cast for such candidates, shall be the 
 party officers of such party. 
 
 In case of a tie, the candidates receiving the tie 
 vote shall cast lots before the county commissioners 
 or the Secretary of the Commonwealth, as the case 
 may be, and the one to whom the lot shall fall shall 
 be entitled to the nomination or election. 
 
 Vacancies happening or existing after the date of 
 the primary may be filled in accordance with the 
 party rules, as is now or hereafter may be provided 
 by law. 
 
 Section 13. Each candidate shall be entitled to 
 have two watchers at the primaries, as at elections, 
 only one of whom shall be entitled to be within the 
 polling-room at one time. Their rights, duties and 
 method of appointment shall be as at elections. Each 
 party or candidate may, at any time before the pri- 
 mary, present a petition to the court of common pleas 
 of the proper county, setting forth the fact that it 
 or he has reason to believe that in a certain district 
 or districts fraud or unfair methods may be attempt- 
 ed; and if, upon a consideration of the facts presented 
 in said petition, the court shall be of the opinion 
 that said application is made in good faith, the said 
 court shall appoint an overseer for said petitioner 
 or petitioners, who shall be entitled to remain within 
 the polling-place during the casting and the counting 
 of the ballots. 
 
 Section 14. Any person who votes or attempts to 
 vote at a primary, knowing that he does not possess 
 the qualifications of a voter at such primary, as indi- 
 cated by this act, or who shall vote or attempt to 
 vote more than once at a primary, or who shall have 
 unlawfully in his possession an official ballot, outside 
 the polling-place, shall be guilty of a misdemeanor, 
 and, upon conviction thereof, shall be sentenced to 
 pay a fine not exceeding one thousand dollars or to 
 undergo an imprisonment not exceeding two years, 
 or both, in the discretion of the court. No police 
 officer in commission, whether in uniform or in citi- 
 zens' clothes, shall be within one hundred feet of a 
 polling-place during the conduct of a primary election, 
 unless in the exercise of his privilege of voting, or 
 for the purpose of the serving of warrants, or tht* 
 preserving of the peace. 
 
Any election officer who permits a person to vote 
 at any primary, with the knowledge that such person 
 is not so entitled to vote, or refuses to permit any 
 lawfully entitled elector to vote at such primary, 
 with the knowledge that such person is so entitled to 
 vote, or who refuses to permit him to receive the party 
 ballot for which he asks, after having executed the 
 affidavit herein provided, shall be guilty of a misde- 
 meanor, and, upon conviction thereof, shall be sen- 
 tenced to pay a fine not exceeding one thousand dol- 
 lars or to undergo an imprisonment not exi^eeding 
 five years, or both, in the discretion of the court. 
 
 Any election officer or clerk who shall be guilty 
 of any wilful fraud in the conduct of his duties at a 
 primary, or who shall make a false return of the 
 ' votes cast at such primary, or who shall deposit 
 fraudulent ballots in the ballot box, or who shall 
 certify as correct a return of ballots in the ballot 
 box which he knows to have been fraudulently de- 
 posited therein, or who shall write false names in the 
 lists of voters for the purpose of concealing the de- 
 posit of such fraudulent ballots or of aiding in the 
 perpetration of such fraud, or who shall conspire with 
 others to commit any of the offenses herein mentioned, 
 shall be guilty of a misdemeanor, and, upon convic- 
 tion thereof, shall be sentenced to pay a fine not 
 exceeding one thousand dollars or to undergo impris- 
 onment not exceeding five years, or both, in the dis- 
 cretion of the court. 
 
 Except as modified by the terms of this act, elec- 
 tion officers shall be subject to the same pains and 
 penalties for violations or neglect of their duties at 
 a primary as they are or hereafter may be subject to 
 for violation or neglect of such duties at elections. 
 In all other respects, officers officiating at primaries 
 shall be subject to the pains and penalties provided 
 by law for offenses committed at primaries. The 
 existing laws relating to bribery at primaries shall 
 continue in force, and shall apply to bribery at pri- 
 maries as provided by this act. 
 
 Section 15. All laws or parts of laws inconsistent 
 herewith are hereby repealed. 
 
 Approved — The 17th day of February, A. D. 1906. 
 SAML. W. PENNYPAOKER. 
 
 The foregoing Is a true and correct copy of the Act 
 of the General Assemblv No. 10. 
 
 Secretary of the Commonwealth. 
 
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