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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, establishing County policy on funding the use of private homes or businesses as polling places in order to assure compliance with the requirements of Act 45 of 2006, the Voter Accessibility Act.
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WHEREAS, on May 3, 2006, the General Assembly passed Senate Bill 999, the Voter Accessibility Act, which was signed into law as Act 45 of 2006 on May 12; and
WHEREAS, among the provisions of Act 45 is an absolute requirement that no elections shall be held in a private residence not situated within the boundaries of the election district which it serves, a private residence of an elected or appointed party official, an office, building or private residence of a candidate for political office, an office, building or private residence of an elected official, or a building utilized by a ward or political party as its headquarters; and
WHEREAS, in the Primary Election held on May 17, 2006, over a dozen private homes and several businesses in Allegheny County were used as polling places, some of which received rental fees from the County,
WHEREAS, among the private homes used as polling places in the 2006 May Primary Election, at least three appear to have been owned by or resided in by current party committee members; and
WHEREAS, among the businesses used as polling places in the 2006 May Primary Election, at least one appears to have been owned by a sitting Judge in the Allegheny County Court of Common Pleas; and
WHEREAS, the provisions of Act 45 forbidding the use of certain private residences and businesses as polling places become effective on July 1, 2006;
The Council of the County of Allegheny hereby enacts as follows:
Section 1.
In order to assure full compliance with the requirements of Act 45 for the November 2006 General Election and thereafter, County Council shall not approve of budgetary appropriations to fund the use of any private homes or businesses as polling places in any election.
Section 2.
In accordance with the provisions of Act 45 and Section 1 of this Ordinance, the Allegheny County Elections Board is hereby directed to take all necessary steps to prevent any private residence, business, or other private establishment from being used as a polling place in any election taking place after July 1, 2006.
Section 2. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 3. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.