Voters for None of the Above

For Immediate Release: October 11, 2006
Contact: David Lynn, Chair, NOTA-PA.ORG
Website: http://www.nota-pa.org
Email: info@nota-pa.org
Phone: (215) 821-1156

NOTA-PA.ORG Launches "None Of The Above" Write-In Vote Campaign In
Pennsylvania

NOTA-PA.ORG, a Pennsylvania political committee, has launched a "None Of The
Above" write-in vote campaign across the Commonwealth, it was announced
today. The campaign urges voters to write-in "NOTA" when they are
dissatisfied with their choices for a political office.

"We started the campaign to encourage people to vote without giving their
vote away to a candidate they find distasteful," said David Lynn, Chair of
NOTA-PA.ORG. "Too often, when voters don't like the candidates presented to
them, they don't bother to vote at all. We would like to reverse this
trend."

"We also think it is important to educate voters on the write-in vote
process," said Barb Baur, the committee's Treasurer. "If enough people
learn to cast write-in votes, they may run significant write-in campaigns in
the future."

The website includes information about casting write-in votes on the variety
of voting machines in Pennsylvania; a NOTA slogan contest open to all
Pennsylvania voters; and other information about write-in votes and ballot
access.

 

End Press Release

[This contains the full text of the bill.  Provided by the Center for Civic Renewal, in Oil City, PA.] 

Pennsylvania NOTA Bill, 1996

THE GENERAL ASSEMBLY OF PENNSYLVANIA 

HOUSE BILL 

No. 2865 session of 1996 

INTRODUCED BY ARGALL, EGOLF, ROHRER, PLATTS, DeBUCA, TRUE, BOSCOLA AND STEELMAN, SEPTEMBER 16, 1996 

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 16, 1996 

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, providing for primary ballot forms, for marking ballots, for manner of voting, for canvassing, for computation and certification of returns. 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: 

Section 1. Section 1002(a) and (b) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, amended December 22, 1971 (P.L.613, No.165) and December 2, 1976 (P.L.1221, No.269), are amended to read: 

Section 1002. Form of Official Primary Ballot. (a) At primaries separate official ballots shall be prepared for each party which shall be in substantially the following form: 

Official Primary Ballot ____________ District, _______________ Ward, City of _________, County of ___________, State of Pennsylvania. Primary election held on the _____ day of _____, 19_____. 

Make a cross (X) or check ( ) 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, print, or paste his name in the blank space provided for that purpose. To indicate support for none of the candidates listed for any one office, mark a cross (X) or check ( ) in the square to the right of the statement "none of the above" where it appears. Mark ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink in fountain pen or ball point pen. Use the same pencil or pen for all markings you place on the ballot. 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe (Committed to Jeremiah Smith) 

John Stiles (Uncommitted) 

John Doe (Committed to Jeremiah Smith) 

John Stiles (Uncommitted) 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

None of the Above 

John Doe 

Richard Roe 

John Stiles 

John Doe 

Richard Roe 

John Stiles 

(b) On the back of each ballot shall be printed in prominent type the words "OFFICIAL PRIMARY BALLOT OF ____________ PARTY FOR" followed by the designation of the election district for which it is prepared, the date of the primary and the facsimile signatures of the members of the county board of elections. The names of candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in the order determined by the casting of lots as provided by this act. Under the title of such offices where more than one candidate is to be voted for, shall be printed "Vote for not more than _____" (the blank space to indicate the number of candidates to be voted for the particular office.) At the right of the name of each candidate there shall be a square of sufficient size for the convenient insertion of a cross (x) or check ( ) mark. There shall be left at the end of the list of candidates for each office (or under the title of the office itself in case there be no candidates who have filed nomination petitions therefor) as many blank spaces as there are persons to be voted for, for such office, in which space the elector may insert the name of any person whose name is not printed on the ballot as a candidate for such office. 

Immediately following the blank spaces which are left at the end of each group of candidates seeking one of the executive or legislative offices shall be printed, on a separate line, "none of the above" and, at the right of this statement, a square of sufficient size for the convenient insertion of a cross (X) or check ( ) mark. For purposes of this subsection, the term "candidates seeking one of the executive or legislative offices" shall include persons seeking any of the following offices: President of the United States, United States Senator, Governor, Attorney General, Auditor General, Treasurer, Representative in Congress, and Senator or Representative in the General Assembly. Opposite or under the name of each candidate, except candidates for the office of President of the United States and candidates for delegate or alternate delegate to National Party Convention, who is to be voted for by the electors of more than one county, shall be printed the name of the county in which such candidate resides; and opposite or under the name of each candidate except candidates for delegate or alternate delegate to a National Party Convention who is to be voted for by the electors of an entire county or any congressional, senatorial or representative district within the county, shall be printed the name of the city, borough, township or ward, as the case may be, in which such candidate resides. 

Section 2. Section 1003(a) and (e) of the act, amended April 24, 1947 (P.L. 68, No. 33) and December 10, 1974 (P..L.835, No.280), are amended to read: 

Section 1003. Form of Official Election Ballot. 

(a) The official ballots for general, municipal and special elections shall be in substantially the following form: 

OFFICIAL BALLOT 

_______________District, __________________Ward, City of ______________, County of ___________________, State of Pennsylvania ____________ Election held on the ___ day of _______, 19 ____. A cross (X) or check ( ) mark in the square opposite the name of any candidate indicates a vote for that candidate. 

To vote a straight party ticket, mark a cross (X) or check ( ) in the square, in the Party Column, opposite the name of the party of your choice. To vote for an individual candidate of another party after making a mark in the party square, mark a cross (X) or check ( ) opposite his name. For an office where more than one candidate is to be voted for, the voter, after marking in the party square, may divide his vote by marking a cross (X) or check ( ) to the right of each candidate for whom he or she desires to vote. For such office votes shall not be counted for candidates not individually marked. 

To vote for a person whose name is not on the ballot, write, print or paste his name in the blank space provided for that purpose. To indicate support for none of the candidates listed for an office, mark a cross (x) or check ( ) opposite the statement "none of the above" where it appears. A cross (X) or check ( ) mark in the square opposite the names of the candidates of any party for President and Vice-President of the United States indicates a vote for all the candidates of that party for presidential elector. To vote for individual candidates for presidential elector, write, print or paste their names in the blank spaces provided for that purpose under the title "Presidential Electors." Mark ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen; use the same pencil or pen for all markings you place on the ballot. 

Before leaving the voting compartment, fold this ballot, without displaying the markings thereon, in the same way it was folded when received, then leave the compartment and exhibit the ballot to one of the election officers who shall ascertain by an inspection of the number appearing upon the right hand corner of the back of the ballot whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the election officer shall direct the elector, without unfolding the ballot, to remove the perforated corner containing the number, and the elector shall immediately deposit the ballot in the ballot box. Any ballot deposited in a ballot box at any primary or election without having the said number torn off shall be void and shall not be counted. 

Party Column 

To Vote A Straight Party Ticket, Mark a Cross (x) or Check ( ) in this Column. 

Presidentia1 Electors 

(Vote for the candidates of one party for President and Vice-President, or insert the names of candidates.) 

For John Stiles and Richard Doe, Democratic 

For John Doe and Richard Roe, Republican 

For John Smith and William Jones, Socialist 

None of the Above 

Richard Roe..Democratic 

John Doe....Republican 

Richard Stiles....Socialist 

None of the Above 

Richard Roe...Democratic 

John Doe....Republican 

Richard Stiles.....Socialist. 

None of the Above 

Richard Roe....Democratic 

John Doe....Republican 

Richard Stiles....Socialist 

None of the Above 

Richard Roe.....Democratic 

John Doe.....Republican 

Richard Stiles.....Socialist 

None of the Above 

Richard Roe.....Democratic 

John Doe.....Republican 

Richard Stiles.....Socialist 

None of the Above 

Richard Roe ________ 

John Doe ______________ 

Richard Stiles _______________ 

None of the Above 

John Doe.....Democratic 

Richard Roe.....Republican 

None of the Above 

John Doe.....Democratic 

Richard Roe......Republican 

None of the Above 

(e) There shall be left at the end of the group of candidates for President and Vice-President of the United States under the title "Presidential Electors," as many blank spaces as there are presidential electors to be elected, in which spaces the elector may insert the names of any individual candidates for presidential electors for whom he desires to vote. There shall also be left at the end of each group of candidates for each other office (or under the title of the office itself in case no candidates have been nominated therefor), as many blank spaces as there are persons to be voted for for such office, in which space the elector may insert the name of any person or persons whose name is not printed on the ballot as a candidate for such office. Immediately following the blank spaces which are left at the end of each group of candidates seeking one of the executive or legislative offices shall be printed, on a separate line, "none of the above" and, at the right of this statement, a square of sufficient size for the convenient insertion of a cross (x) or check ( ) mark. For purposes of this subsection, the term "candidates seeking one of the executive or legislative offices" shall include any of the following offices: President of the United States, United States Senator, Governor, Attorney General, Auditor General, Treasurer, Representative in Congress and Senator or Representative in the General Assembly. 

Section 3. Section 1215(c) of the act, amended January 8, 1959 (P.L.2142, No.790), is amended and the section is amended by adding a subsection to read: 

Section 1215. Method of Marking Ballots and Depositing Same in Districts in Which ballots are Used. 

(c) At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check ( ) mark in the square opposite the name of the candidate, or he may insert by writing, stamping or sticker, in the blank spaces provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the making of a cross (X) or check ( ) mark ( ) or he may vote against all the candidates listed for an office as set forth in subsection (e), by making a cross (x) or a check ( ) mark in the square opposite the statement "none of the above" where it appears. If he desires to vote for every candidate 

of a political party or political body, except its candidates for offices as to which he votes for individual candidates in the manner hereinafter provided, he may make a cross (X) or check ( ) mark in the square opposite the name of the party or political body of his choice in the party column on the left of the ballot, and every such cross (X) or check ( ) mark shall be equivalent to and be counted as a vote for every candidate of a party or political body so marked, including its candidates for presidential electors, except for those offices as to which he has indicated a choice for individual candidates of the same or another party or political body, by making a cross (X) or check ( ) mark opposite their names in the manner hereinabove provided, as to which offices his ballot shall be counted only for the candidates which he has thus individually marked, notwithstanding the fact that he made a mark in the Party column, and even though in the case of an office for which more than one candidate is to be voted for, he has not individually marked for such office the full number of candidates for which he is entitled to vote. If he desires to vote for the entire group of presidential electors nominated by any party or political body, he may make a cross (X) or check ( ) mark in the appropriate square at the right of the names of the candidates for President and Vice-President of such party or body. If he desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or political bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or political body, or wholly of names of persons not in nomination by any party or political body, he shall insert the names of the candidates for presidential electors for whom he desires to vote in the blank spaces provided therefor under the title of the office "Presidential Electors." In case of a question submitted to the vote of the electors, he may make a cross (X) or check ( ) mark in the appropriate square opposite the answer which he desires to give. 

(e) Any elector may cast a vote for "none of the above" for any of the following offices: President of the United States, United States Senator, Governor, Attorney General, Treasurer, Representative in Congress, and Senator or Representative in the General Assembly. 

Section 4. Section 1216(d) of the act is amended and the section is amended by adding a subsection to read: 

Section 1216. Instructions of Voters and Manner of Voting in Districts in Which Voting Machines are Used. 

(d) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight political party ticket in one operation by operating the straight political party lever of the political party or political body of his choice, if such machine has thereon a separate lever for all the candidates of the political body. He may also, after having operated the straight party lever, and before recording his vote, cancel the vote for any candidate of such political party or political body by replacing the individual key, handle, pointer or knob of such candidate, and may thereupon vote for a candidate of another party, or political body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. The elector may, at any primary or election, indicate his support for none of the candidates listed for an office set forth in Subsection (h) by operating the key, handle, pointer or knob, upon or adjacent to which the statement "none of the above" is placed. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give. 

(h) Any elector may cast a vote for "none of the above" for any of the following offices: President of the United States, United States Senator, Governor, Attorney General, Auditor General, Treasurer, Representative in Congress, and Senator or Representative in the General Assembly. 

Section 5. The act is amended by adding sections to read: 

Section 1231. Count, Canvass and Certification of Votes Cast for "None of the Above." Any vote cast for "none of the above," in accordance with sections 1215 and 1216, of this act shall be canvassed, certified, computed, counted, recanvassed, recorded, tabulated, tallied and otherwise treated as any vote cast for candidate is canvassed, certified, computed, counted, recanvassed, recorded, tabulated, tallied and otherwise treated, as prescribed in this article. 

Section 1419. Votes Cast for "None of the Above" Outnumber Votes for Candidates, Special Election to be Held. In an election for President of the United States, United States Senator, Governor, Attorney General, Auditor General, Treasurer, Representative in Congress, or Senator or Representative in the General Assembly, if the category of "none of the above" receives more votes than each candidate for that office, the Secretary of the Commonwealth shall not issue a certificate of election to any candidate for that Office, but shall schedule a special election to be held in the appropriate voting districts at least sixty days after certification of the election returns. Any special election required by this action shall be conducted in accordance with section l229 of this act. None of the unsuccessful candidates in the initial election shall be eligible to become a candidate in a subsequent special election required by this section. 

Section 1420. Certification of Returns; Votes Cast for "None of the Above". Except as provided in section 1419 of this act, any vote or votes cast for "None of the Above" in accordance with sections 1215 and 1216 of this Act, shall be canvassed, certified, computed, counted, recanvassed, recorded, tabulated, tallied and otherwise treated as any vote or votes cast for a candidate is canvassed, certified, computed, counted, recanvassed, recorded, tabulated, tallied and otherwise treated, as prescribed in this article. 

Section 6 . This act shall take effect in 60 days.