Bill Text: PA HB1382 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Providing for voting by mail; imposing penalties; and making related repeals.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Introduced - Dead) 2011-04-25 - Referred to STATE GOVERNMENT [HB1382 Detail]

Download: Pennsylvania-2011-HB1382-Introduced.html

---

PRINTER'S NO. 1621
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1382 Session of2011
INTRODUCED BY KOTIK, READSHAW, MAHONEY, PRESTON, PAYTON, V. BROWN AND KORTZ, APRIL 25, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 25, 2011
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, providing for voting by mail; imposing penalties;
and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1105 of Title 25 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1105. Standardized forms.
(a) General rule.--Whenever possible, the secretary shall
prescribe by regulation standardized voter registration or
[absentee ballot application] mail-in ballot application forms
which may be used, with prior approval by the secretary, by
political bodies, candidates and organized bodies of citizens in
compliance with both the provisions of this part and the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code.
(b) Prior approval.--The secretary shall develop a system
whereby political bodies, candidates and organized bodies of
citizens may receive prior approval of standardized forms
developed pursuant to subsection (a).
Section 2. Section 3302 of Title 25 is repealed:
[§ 3302. Application for absentee ballots.
(a) General rule.--Notwithstanding the provisions of Part IV
(relating to voter registration) or the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, the
following persons may make application for an absentee ballot by
sending a letter or other signed document to the county board of
elections in the county in which the person's voting address is
located:
(1) A registered elector who is unable to attend the
polling place on the day of any primary or election because
of illness or physical disability.
(2) A registered elector who expects to be absent from
this Commonwealth or the municipality of residence because
duties, occupation or business require the elector to be
elsewhere the day of any primary or election.
(3) A county employee who cannot vote due to duties
relating to the conduct of elections.
(4) A person who will not attend a polling place because
of an observance of a religious holiday.
(b) Contents of letter or document.--The letter or document
under subsection (a) shall provide the same information as is
provided on forms prescribed by the secretary.
(c) Review and processing.--The letter or document shall be
subject to the same schedule as other applications for absentee
ballots and upon receipt by the county board of elections shall
be reviewed and processed in the same fashion as other
applications for absentee ballots.
20110HB1382PN1621 - 2 -
(d) Application prepared by political party.--An absentee
ballot application form containing the same information as that
contained on the form prescribed by the secretary, which was
prepared or distributed by a political party and signed by a
registered elector, shall be deemed for all purposes as valid
and shall be reviewed and processed by the county board of
elections in the same manner as applications on forms prescribed
by the secretary and supplied by the county board of elections.]
Section 3. Title 25 is amended by adding a chapter to read:
CHAPTER 34
VOTE BY MAIL
Sec.
3401. Definitions.
3402. Procedure for user of mail-in ballot.
3403. Publication of notice.
3404. Printing of mail-in ballots.
3405. Verification of voter's signature for issuance of mail-in
ballot.
3406. Delivery of mail-in ballots.
3407. Lists of applications and returned mail-in ballots.
3408. Mail-in ballot format.
3409. Directions for preparation and transmitting of mail-in
ballots.
3410. Certificate of mail-in voter.
3411. Certification by county clerk.
3412. Marking of mail-in voter's record.
3413. Marking of mail-in ballot by voter, delivery to board.
3414. Actions by county board of elections related to mail-in
ballot.
3415. Counting of mail-in ballots.
20110HB1382PN1621 - 3 -
3416. Mail-in ballot deemed valid.
3417. Mail-in voters not permitted to vote in person.
3418. Rejection of ballot mailed in by voter subsequently
deceased.
3419. Opening of mail-in ballots.
3420. Marking in voting records to show mail-in ballots
delivered.
3421. Records of mail-in ballots.
3422. No election held invalid due to mail-in ballots.
3423. Ballot required to be sealed before delivery.
3424. Information for voters using mail-in ballot.
3425. Election by mail, duties of board.
3426. Mail-in ballot fraud.
§ 3401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." A county board of elections.
"Mail-in ballot." A ballot used by a mail-in voter in any
election.
"Mail-in voter." A qualified and registered voter of this
Commonwealth who votes in any election using a mail-in ballot
under the provisions of this act.
"Qualified elector." As defined in section 102 of the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code.
"Secretary." The Secretary of the Commonwealth.
§ 3402. Procedure for user of mail-in ballot.
(a) General rule.--A qualified elector may vote using a
mail-in ballot in any election held in this Commonwealth.
20110HB1382PN1621 - 4 -
(b) Application process.--Not less than seven days before an
election in which a qualified elector seeks to vote by mail, the
voter may apply to the board for a mail-in ballot. The
application shall be in writing on a form prepared by the
secretary, shall be signed by the applicant and shall state the
applicant's place of voting residence and the address to which
the ballot shall be sent. A voter who is a member of the armed
forces of the United States may use a Federal postcard
application form to apply for a mail-in ballot.
(c) In-person application.--A qualified elector may apply in
person to the board for a mail-in ballot no later than 3 p.m. of
the day before the election.
(d) Continuing application.--A qualified elector who wishes
to vote only by mail-in ballot in future general elections in
which the voter is eligible to vote, and who states that on an
application for a mail-in ballot, shall be furnished a mail-in
ballot by the board without further request on the part of the
elector and until the elector requests that the elector no
longer wishes to be sent a mail-in ballot. A qualified elector
may indicate on an application for a mail-in ballot that the
elector would like to receive a mail-in ballot for each election
that takes place during the remainder of the calendar year in
which the application is completed and submitted. A qualified
elector who exercises this option shall be furnished with a
mail-in ballot for each election that takes place during the
remainder of the calendar year without further request by the
voter. A person voting by mail-in ballot who registered by mail
after January 1, 2011, who did not provide personal
identification information when registering and is voting for
the first time in his or her current county of residence
20110HB1382PN1621 - 5 -
following registration shall include copies of the required
identification information with the mail-in ballot. Failure to
include the information with the mail-in ballot shall result in
its rejection.
(e) Suspension of mail-in ballots.--In the event that a
qualified elector who has requested a mail-in ballot for all
elections does not complete and return the ballot for canvassing
for the fourth general election following the general election
at which the voter last voted, the board shall send a notice to
that elector to ascertain whether the elector continues to
reside at the address from which that voter is registered to
vote and continues to be eligible to vote. If the notice is not
completed and returned by the qualified elector to the clerk
before the 40th day prior to the next general election, a mail-
in ballot shall not be sent to the voter for that election. The
ability of the qualified elector to receive a mail-in ballot for
future elections shall be suspended until the elector submits a
new application for a mail-in ballot that indicates that the
elector wishes to receive the ballot for all future general
elections.
(f) Inactive electors.--The board shall not transmit a mail-
in ballot to a person who is deemed to be an inactive voter or
whose registration file has been deleted.
§ 3403. Publication of notice.
(a) Notice.--The board shall publish the following notice in
substantially the following form:
NOTICE TO PERSONS WANTING MAIL-IN BALLOTS
If you are a qualified and registered voter of this
Commonwealth who wants to vote by mail in the .............
(municipal, primary, general or other) election to be held on
20110HB1382PN1621 - 6 -
.......... (date of election), complete the application form
below and send it to the board at the address below, or write
or apply in person to the board requesting that a mail-in
ballot be forwarded to you. The request must state your home
address and the address to which the ballot should be sent.
The request must be dated and signed.
If any person has assisted you to complete the mail-in
ballot application, the name, address and signature of the
assistor must be provided on the application, and you must
sign and date the application for it to be valid and
processed.
No mail-in ballot will be provided to an applicant who
submits a request by mail unless the request is received at
least seven days before the election and contains the
requested information. A voter may, however, request an
application in person from the board no later than 3 p.m. of
the day before the election.
A voter who wants to vote only by mail in all future
general elections in which the voter is eligible to vote, and
who states that on the application, shall, after the initial
request and without further action on the voter's part, be
provided a mail-in ballot by the county clerk until the voter
requests that the voter no longer wants to be sent a mail-in
ballot. A voter's failure to vote in the fourth general
election following the general election at which the voter
last voted may result in the suspension of that voter's
ability to receive a mail-in ballot for all future general
elections unless a new application is completed and filed
with the board.
A voter also has the option of indicating on the mail-in
20110HB1382PN1621 - 7 -
ballot application that the voter would prefer to receive
mail-in ballots for each election that takes place during the
remainder of the calendar year. A voter who exercises this
option will be furnished with mail-in ballots for each
election that takes place during the remainder of this
calendar year, without further action on the voter's part.
Application forms may be obtained by applying to the
board either in writing or by telephone, or the application
form provided below may be completed and forwarded to the
board.
Dated............................
........................................................
(address of board)
..................................
(telephone number of board)
(b) Overseas voters.--The secretary shall provide all
information regarding overseas Federal election voter ballots to
a qualified elector eligible for a mail-in ballot. The secretary
shall also make available valid overseas Federal election voter
registration and ballot applications to a qualified elector who
is a member of the armed forces of the United States and who is
a permanent resident of this Commonwealth, or who is an overseas
Federal election voter who wishes to register to vote or to vote
in any jurisdiction in this Commonwealth. The secretary shall
provide such public notice as may be deemed necessary to inform
members of the armed forces of the United States and overseas
Federal election voters how to obtain valid overseas Federal
election voter registration and ballot applications.
(c) Publicity program.--The secretary shall undertake a
program to inform voters in this Commonwealth about their
20110HB1382PN1621 - 8 -
eligibility to vote by mail under this chapter. Dissemination of
this information shall be effectuated by such means as the
secretary deems appropriate and to the extent that funds for the
dissemination are appropriated, including, but not limited to,
by means of Statewide or local electronic media, public service
announcements, notices on the Internet website of the Department
of State or any other department or agency of this Commonwealth
deemed appropriate by the secretary, and special mailings or
notices in newspapers or other publications circulating in the
counties or municipalities of this Commonwealth.
(d) Identification.--The mail-in ballot materials shall
contain a notice that any person voting by mail-in ballot who
has registered by mail after January 1, 2011, who did not
provide personal identification information when registering and
is voting for the first time in his or her current county of
residence shall include copies of the required identification
information with the mail-in ballot, and that failure to include
the information shall result in the rejection of the ballot.
(e) Publication.--The notice under subsection (a) shall be
published not less than 50 days immediately preceding any
election. Notices relating to any Statewide or countywide
election shall be published in at least two newspapers published
in each county. The board shall publish the same in at least one
newspaper published in each municipality in which the election
is to be held or, if no newspaper is published in the
municipality, in a newspaper published in the county and
circulating in the municipality. All notices shall be display
advertisements.
§ 3404. Printing of mail-in ballots.
(a) General rule.--A board shall print sufficient mail-in
20110HB1382PN1621 - 9 -
ballots for each election. Along with the ballots the board
shall also furnish inner and outer envelopes and printed
directions for the preparation and transmitting of the mail-in
ballots used in the election in the county.
(b) Paper type.--The mail-in ballots shall be printed on
paper of a different color from that used for any primary or
general election ballot, but in all other respects shall be as
nearly as possible facsimiles of the election ballot to be voted
at the election.
§ 3405. Verification of voter's signature for issuance of mail-
in ballot.
(a) Verification.--Upon receipt of a request for a mail-in
ballot, the board shall cause the signature of the applicant to
be compared with the signature of the person appearing on the
permanent registration form, or the digitalized image of the
voter's signature stored in the Statewide voter registration
system, to determine from the examination, and any other
available information, if the applicant is a voter qualified to
cast a ballot in the election, and determine in case of a
primary election the political party primary in which the voter
is entitled to vote.
(b) Approval or disapproval.--If after examination the board
is satisfied that the applicant is entitled to a ballot, the
board shall mark the application "approved." If after
examination the board determines that the applicant is not
entitled to a ballot, the board shall mark the application
"disapproved" and shall notify the applicant, stating the reason
for the disapproval.
§ 3406. Delivery of mail-in ballots.
(a) Delivery method.--Starting on the 40th day before the
20110HB1382PN1621 - 10 -
day an election is held, a board shall forward mail-in ballots
by first-class postage or hand delivery to each mail-in voter
whose request for a mail-in ballot has been approved. Mail-in
ballots that have been approved before the 40th day before an
election shall be forwarded or delivered no later than the third
business day following that 40th day. Hand delivery of a mail-in
ballot shall be made by the board or the board's designee only
to the voter, or the voter's authorized messenger, who must
appear in person. No person may serve as an authorized messenger
for more than ten qualified voters in an election. Ballots that
have not been hand delivered shall be addressed to the voter at
the forwarding address given in the application.
(b) Timing.--
(1) Whenever the board forwards a mail-in ballot by mail
to a mail-in voter between the 40th day and the 13th day
before the day of an election, the ballot shall be
transmitted within three business days of the receipt of the
application.
(2) Whenever the board forwards a mail-in ballot by mail
to a mail-in voter between the 12th day and the seventh day
before the day of an election, the ballot shall be
transmitted within two business days of the receipt of the
application.
§ 3407. Lists of applications and returned mail-in ballots.
(a) List of applications.--Each board shall keep one list of
the applications for mail-in ballots received and another list
of the applicants whose applications were approved and sent
mail-in ballots. Each list shall include the name and street
address of each person requesting or receiving a mail-in ballot.
The board shall update the lists each business day, and they
20110HB1382PN1621 - 11 -
shall be made available to the public and transmitted to all
election officials charged with the duty of administering this
chapter.
(b) List of returned mail-in ballots.--Each board shall keep
a list of the name and street address of each person who returns
a voted mail-in ballot and the name and street address of each
person who delivers the ballot personally to the board. The
board shall update the list each business day, and it shall be
accessible to the public and transmitted to all elections
officials charged with the duty of administering this chapter.
The board shall keep the lists required by this section starting
no later than the 14th day before the day of the election and
continue to do so until the day of the election.
§ 3408. Mail-in ballot format.
(a) Conformity with other ballots and notice.--Mail-in
ballots to be used during any election shall conform generally
to the ballot to be used during the election in the voter's
district but the ballots shall be clearly marked "official mail-
in ballot." At the top of every mail-in ballot there shall be
printed or stamped in a prominent size the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO
MARK OR INSPECT THIS BALLOT.
However, a family member may assist you in doing so.
(b) Format.--Mail-in ballots shall be printed entirely in
black ink. In addition to conforming generally to the ballot
used in the election, the mail-in ballot shall be so prepared
that the voter may indicate on it the voter's choice of the
candidates for the offices to be filled, and the public
questions to be voted on during the election by the voters of
20110HB1382PN1621 - 12 -
the entire State, county or municipality in which the voter is a
resident, as known on the 48th day preceding the election.
Sufficient space shall be provided on the ballot for the voter
to write in the name of and vote for any candidate for, or the
voter's personal choice for, any public office to be voted for
during the election in the voter's election district. A list of
the candidates for the offices to be filled in each election
district in the county, whose names are known on the day on
which the ballot is forwarded but do not appear on the ballot,
with a statement of the office for which each is a candidate,
shall be forwarded with the mail-in ballot.
(c) Candidates.--When mail-in ballots are prepared, the name
of any candidate who has been nominated for any office shall be
placed on the ballot to be used in the general election to be
held in the year in each election district in which he or she is
a candidate, whether or not the candidate has accepted
nomination prior to when the ballot was prepared, provided that
the candidate has not declined the nomination before the ballot
was prepared.
(d) Primary election ballots.--Mail-in ballots to be used
during any presidential primary election or primary election for
the general election shall, except as otherwise provided,
conform to the ballot to be used during the election in the
voter's election district and to the form prescribed in this
section for mail-in ballots to be used in such general
elections. It shall be prepared so that the voter may indicate
the voter's choice of the candidates of one political party for
each of the officers to be voted on during the election by the
voters of the election district and shall be separated into
party ballots, which shall be printed upon one sheet when the
20110HB1382PN1621 - 13 -
voting system so allows. The mail-in ballots shall be plainly
marked to indicate that only one party ballot is to be voted by
each voter and that the party ballot voted by the voter must
conform to the name of the political party indicated by the
board. If the board has determined by investigating a voter's
registration record that the voter is qualified to vote only in
the primary of a particular party, the clerk shall so note on
the primary ballot the party primary in which the voter is
entitled to vote. In the case where the board has ascertained
through investigating the voter's registration record that the
applicant is requesting a ballot to vote in the first primary
for which the voter is eligible after registration, the clerk
shall note on the primary ballot that the voter can vote in the
primary of any political party.
(e) Electronic canvassing systems.--A county may adopt a
system of electronic scanning or other mechanical or electronic
device if the system has been approved previously by the
secretary to count or canvass mail-in ballots. The board in any
county adopting such a system may prepare and use mail-in
ballots that do not conform generally to the ballot to be used
during the election to the extent that the nonconformance is
necessary in the operation of the electronic or mechanical
canvassing system.
§ 3409. Directions for preparation and transmitting of mail-in
ballots.
(a) Directions and outer envelope.--Each board shall send,
with each mail-in ballot, printed directions for the preparation
and transmitting of the ballots as required by this chapter. The
directions shall be printed in such manner and form as the
secretary shall require, together with two envelopes of such
20110HB1382PN1621 - 14 -
sizes that one will contain the other. The outer envelope shall
be addressed to the board of the county in which is located the
home address of the person to whom the mail-in ballot is sent,
as certified by the board. At the discretion of the board, the
outer envelope may be a postage-paid return envelope. On the
outside and front of each outer envelope, there shall be printed
or stamped the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO
MAIL OR TRANSPORT THIS BALLOT UNLESS THE ENVELOPE IS SEALED
AND THE FOLLOWING IS COMPLETED:
Ballot mailed or transported by
(signature of bearer)
(print name of bearer)
(address of bearer)
The reverse side of the outer envelope shall contain the
following:
REMINDER
For your vote to count, you must:
1. Vote your ballot and place it in the inner envelope
with the attached certificate.
2. Seal the envelope.
3. Place the envelope into the larger envelope addressed
to the board of elections and seal that envelope.
4. If another person will be mailing your ballot or
bringing it to the board of elections, MAKE CERTAIN THAT
PERSON COMPLETES THE "BEARER PORTION" ON THE ENVELOPE
ADDRESSED TO THE BOARD OF ELECTIONS BEFORE THE BALLOT IS
TAKEN FROM YOU. NO PERSON WHO IS A CANDIDATE IN THE ELECTION
FOR WHICH THE VOTER REQUESTS THIS BALLOT IS PERMITTED TO
20110HB1382PN1621 - 15 -
SERVE AS A BEARER.
(b) Changes to instructions.--The secretary is authorized to
make such changes to the instructions for mail-in ballot
materials as the secretary deems necessary or as is mandated by
Federal or State law.
(c) Inner envelope.--The inner envelope shall be so designed
that it can be sealed after the mail-in ballot has been placed
in the inner envelope and the flap of the inner envelope shall
be of such length and size as to leave sufficient margin, after
being sealed, for the printing on the flap of the certificate
described in section 3410 (relating to certificate of mail-in
voter). The flap shall be so arranged that, after the inner
envelope has been sealed, the certificate can be contained, with
the inner envelope, in the outer envelope, and that the margin
containing the certificate can be detached without unsealing the
inner envelope. On the outside of each envelope in which a mail-
in ballot is sent to a mail-in voter by the board, there shall
be printed or stamped the words "official mail-in ballot." In
addition, there shall be printed or stamped the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO
OPEN, MARK, INSPECT OR SEAL THIS BALLOT.
However, a family member may assist you in doing so.
The reverse side of each inner envelope shall contain the
following statement:
A PERSON MAY BE FINED AND IMPRISONED AND MAY ALSO LOSE
THE RIGHT TO VOTE UNTIL RESTORED BY LAW if that person
attempts to vote fraudulently by mail-in ballot, prevents the
voting of a legal voter, certifies falsely any information,
interferes with a person's secrecy of voting, tampers with
20110HB1382PN1621 - 16 -
ballots or election documents or helps another person to do
so.
§ 3410. Certificate of mail-in voter.
On the margin of the flap on the inner envelopes to be sent
to mail-in voters there shall be printed a certificate in the
following form:
CERTIFICATE OF MAIL-IN VOTER
I, ........ (print your name clearly), whose home address
is ...................... (street address or R.D. Number)
(municipality), DO HEREBY CERTIFY, subject to the penalties for
fraudulent voting, that I am the person who applied for the
enclosed ballot. I MARKED AND SEALED THIS BALLOT AND CERTIFICATE
IN SECRET. However, a family member may assist me in doing so.
...................................
(signature of voter)
Any person providing assistance shall complete the following:
I do hereby certify that I am the person who provided
assistance to this voter and declare that I will maintain the
secrecy of this ballot.
...................................
(signature of person providing assistance)
...................................
(printed name of person providing assistance)
...................................
...................................
(address of person providing assistance)
§ 3411. Certification by county clerk.
Each board shall, from time to time and prior to each
election, certify in writing under oath to the secretary the
names and addresses of the persons to whom mail-in ballots to be
20110HB1382PN1621 - 17 -
voted during the election have been delivered or forwarded under
this chapter.
§ 3412. Marking of mail-in voter's record.
(a) Marking of record.--The board shall mark the mail-in
voter's record in the Statewide voter registration system and
duplicate voting record appearing on the signature copy
registers. Whenever a mail-in ballot has been forwarded to a
voter during the time when the signature copy registers are in
the custody of other election officials pursuant to current law,
or are in transit to or from those officials, the board shall,
prior to the opening of the polls on election day, forward to
each polling place a list of all the voters to whom ballots have
been sent but whose duplicate voting record has not been marked
in the manner prescribed. The lists may be prepared in the same
manner as a challenge sheet and may be included together with
other causes for challenge. Any person whose name appears on any
list or notice furnished by the board to the effect that the
voter has received a mail-in ballot, but who wishes nevertheless
to vote at the polls on the day of an election, shall be
permitted to vote by provisional ballot after completing the
affirmation statement attached to the envelope provided with the
provisional ballot.
(b) Notice to judge of polling place.--Whenever a mail-in
ballot has been delivered to a voter less than seven days before
an election and up to 3 p.m. of the day before the election, and
the signature copy registers are in the custody of other
election officials, or in transit to or from those officials,
the board shall prepare a master list of those mail-in ballots
and shall notify the judge of the polling place to mark the
voter's record accordingly.
20110HB1382PN1621 - 18 -
§ 3413. Marking of mail-in ballot by voter, delivery to board.
(a) Marking of mail-in ballot.--A mail-in voter shall be
entitled to mark a mail-in ballot forwarded to the voter for
voting during any election by indicating the voter's choice of
candidates for the offices named, and as to public questions, if
any, stated on the ballot, in accordance with current law. In
the case of ballots to be voted for a primary election, the
voter's choice shall be limited to the candidates of the voter's
political party or to any person whose name is written on the
ballot by the voter. When so marked, the ballot shall be placed
in the inner envelope, which shall then be sealed, and the voter
shall then fill in the form of certificate attached to the inner
envelope, at the end of which the voter shall sign and print the
voter's name. The inner envelope with the certificate shall then
be placed in the outer envelope, which shall then be sealed.
(b) Tampering.--No mail-in voter may permit a person, except
as provided by this chapter, to unseal, mark or inspect the
voter's ballot, interfere with the secrecy of the voter's vote,
complete or sign the certificate or seal the inner or outer
envelope.
(c) Assistance.--A mail-in voter may receive assistance from
a family member in performing any of the actions provided for in
this section. The family member or other person providing
assistance shall certify that the family member assisted the
voter and will maintain the secrecy of the vote by both printing
and signing the family member's name in the space provided on
the certificate. In no event may a candidate for election
provide assistance, nor may any person, at the time of providing
assistance, campaign or electioneer on behalf of any candidate.
(d) Delivery to board.--
20110HB1382PN1621 - 19 -
(1) The sealed outer envelope with the inner envelope
and the ballot enclosed shall either be mailed to the board
to which it is addressed or delivered personally by the voter
or a bearer designated by the voter to the board. To be
counted, the ballot must be received by the board or its
designee before the time designated for the closing of the
polls on the day of an election.
(2) Whenever a person delivers a ballot to the board,
that person shall sign a record maintained by the county of
all mail-in ballots personally delivered to it.
(3) No person may serve as an authorized messenger for
more than ten qualified voters in an election. No person who
is a candidate in the election for which the voter requests a
mail-in ballot may serve as an authorized messenger. The
messenger, by signing the certification, certifies that he or
she received a mail-in ballot directly from the voter and is
authorized to deliver the ballot to the board on behalf of
the voter.
§ 3414. Actions by county board of elections relative to mail-
in ballot.
(a) Actions upon receipt of ballot.--The board shall,
promptly after receiving each mail-in ballot, remove the inner
envelope containing the ballot from the outer envelope and shall
compare the signature and the information contained on the flap
of the inner envelope with the signature and information
contained in the respective requests for mail-in ballots. In
addition, as to mail-in ballots issued less than seven days
prior to an election, the board shall also check to establish
that the mail-in voter did not vote in person. The board shall
reject a ballot if it is not satisfied, pursuant to a comparison
20110HB1382PN1621 - 20 -
with the Statewide voter registration system, that the voter is
legally entitled to vote and that the ballot conforms with the
requirements of this chapter.
(b) Primary elections.--In the case of a mail-in ballot to
be voted during a primary election, the ballot shall be rejected
if the mail-in voter has indicated in the certificate the
voter's intention to vote in a primary election of any political
party and if it shall appear from the record that the voter is
not entitled to vote in a primary election of the political
party which has been so indicated.
(c) Seal.--A mail-in ballot which is received by the board
shall be rejected if both the inner and outer envelopes are
unsealed or if either envelope has a seal that has been tampered
with.
§ 3415. Counting of mail-in ballots.
The board shall count all valid mail-in ballots received by
the board prior to the time designated by current law for the
closing of the polls for each election.
§ 3416. Mail-in ballot deemed valid.
No mail-in ballot may be rejected or declared invalid because
it does not contain all of the names of the candidates or all of
the public questions to be voted for in the election district in
the election in which it is to be counted. A mail-in ballot
shall be counted in determining the result of the election as to
any office or public question, if the designation of the office
and the name of the candidate for election to the office or the
answer to the public question is indicated on the ballot to
demonstrate the voter's choice.
§ 3417. Mail-in voters not permitted to vote in person.
(a) General rule.--A person who has applied for a mail-in
20110HB1382PN1621 - 21 -
ballot and has had the mail-in ballot either delivered in person
or forwarded by mail and voted and returned the voted ballot to
the board shall not be permitted to vote in person at the
polling place in the voter's election district on the day of the
election.
(b) Exceptions.--The following persons shall be permitted to
vote in person by provisional ballot at the polling place in the
voter's election district on the day of election:
(1) A person who has applied for a mail-in ballot and
not received either the ballot or an explanation for not
receiving the ballot from the board.
(2) A person who has applied for and received a mail-in
ballot and has not transmitted it to the board or given it to
a messenger for delivery to the board before the time for the
opening of the polls on the day of an election.
§ 3418. Rejection of ballot mailed in by voter subsequently
deceased.
Whenever the board receives evidence that a mail-in voter who
has marked and forwarded a mail-in ballot has died before the
opening of the polls on the day of the election, the board shall
reject the ballot.
§ 3419. Opening of mail-in ballots.
(a) Opening of ballots.--On the day of an election a board
shall open the inner envelopes that contain the mail-in ballots
with the votes cast for the election. The inner envelopes
containing the ballots that the board has rejected shall not be
so opened, but shall be retained. The board shall then proceed
to canvass the votes cast on the mail-in ballots. No ballot may
be counted in any primary election if the ballot of the
political party marked for voting differs from the designation
20110HB1382PN1621 - 22 -
of the political party for which the ballot is intended to be
voted as marked on the envelope by the board.
(b) Certification.--Immediately after the canvass is
completed, the respective boards shall certify the result of the
canvass to the secretary or other appropriate officer, as the
case may be, showing the result of the canvass by municipality
and ward. The votes canvassed shall be counted in determining
the result of the election.
(c) Primary election.--The board shall, immediately after
the canvass is completed for a primary election, certify the
results of the votes cast for members of the county committees
to the respective municipal clerks, and those votes shall be
counted in determining the result of the election.
§ 3420. Marking in voting records to show mail-in ballots
delivered.
As soon as practicable after each election, the board shall
mark in the Statewide voter registration system and all
duplicate voting records to show that mail-in ballots were
delivered or forwarded to the respective registered voters. For
each mail-in ballot that has been voted, received and counted,
the board shall also, by reference to the certificates removed
from the inner envelopes of the ballots, place the word "voted"
in the space provided in the Statewide voter registration system
and duplicate voting record for recording the ballot number of
the voter's ballot in the election. In the case of a primary
election, the board shall also note in the proper space of the
Statewide voter registration system or other record of voting
form the first three letters of the name of the political party
primary in which the ballot was voted. The record contained in
the Statewide voter registration system and of voting forms in
20110HB1382PN1621 - 23 -
the original permanent registration binders shall be conformed
to the foregoing entries in the duplicate forms.
§ 3421. Records of mail-in ballots.
The board shall keep, for two years, the requests and
applications for mail-in ballots, voted mail-in ballots and
certificates that have been detached or separated by them from
the inner envelopes. Inner envelopes together with their
certificates and the contents of those envelopes not opened
shall also be retained for the same period by the board. The
District Attorney shall have the authority to impound all mail-
in ballots whenever the District Attorney shall deem it
necessary.
§ 3422. No election held invalid due to mail-in ballots.
No election may be held to be invalid due to any irregularity
or failure in the preparation or forwarding of mail-in ballots.
§ 3423. Ballot required to be sealed before delivery.
No person may take a mail-in ballot from a voter or other
person having custody of it for the purpose of delivering it to
the board or to a postal box or post office, nor shall any voter
permit any person to do so, unless the ballot is sealed in the
outer envelope and the person who transports or delivers it
first signs and prints his or her name on the outer envelope.
§ 3424. Information for voters using mail-in ballot.
The secretary shall post on the VotesPA Internet website
established and maintained by the Department of State that any
individual who casts a mail-in ballot may ascertain:
(1) Whether an application for a mail-in ballot has been
approved and if not, the reason for its rejection.
(2) Whether the mail-in ballot was accepted for counting
and, if the ballot was not counted, the reason for the
20110HB1382PN1621 - 24 -
rejection of the ballot.
The system shall at all times preserve the confidentiality of
each person who has requested an application to vote by mail-in
ballot or who has voted by mail-in ballot, and shall ensure that
no person, other than the individual who requested or cast the
ballot, may discover whether or not that individual's
application or ballot was accepted, unless so informed by the
voter.
§ 3425. Election by mail, duties of board.
The board shall:
(1) Publish, in advance of the election and pursuant to
rules and regulations promulgated by the secretary, official
notice that the election shall be conducted by mail together
with such other information regarding the conduct of the
election as shall be deemed necessary by the secretary.
(2) Mail a ballot, including an outer envelope and an
inner envelope substantially similar to the envelopes
provided for mail-in ballots, not sooner than the 20th day
prior to the day of the election nor later than the 14th day
prior to the day of the election, to each person registered
to vote in the municipality during that election.
(3) Designate the board's office as the place to obtain
a replacement ballot.
(4) Designate places within the county or municipality
that shall be available for the deposit of voted ballots for
the election.
(5) Make a provisional ballot available at the office of
the board so that each person who has been a resident of the
county or municipality in which the person seeks to register
and vote at least 21 days prior to the day of the election
20110HB1382PN1621 - 25 -
and has moved to a location within the municipality after
that 21st day prior to the day of the election may vote.
(6) Distribute to each registered voter in the
municipality with each ballot a copy of the voter information
notice provided for and supplemented by the secretary as
deemed appropriate for use in municipalities conducting
elections by mail, and instruction about the completion of
the ballot as deemed necessary by the secretary.
(7) Make certain that all qualified voters in the
municipality requesting a mail-in ballot between the 40th day
and the 21st day prior to the day of an election receive the
ballot after the 20th day prior to the day of an election and
voters requesting a ballot on or before the seventh day prior
to the date of the election shall receive a ballot authorized
under this section.
(8) Establish, in consultation with the secretary, the
time by which all ballots must be received by the board on
the day of an election to be considered valid and counted.
§ 3426. Mail-in ballot fraud.
(a) Offense.--A person who commits any of the following acts
is guilty of a misdemeanor of the third degree:
(1) Fraudulently votes or attempts to vote by mail or
enables or attempts to enable another person not entitled to
vote or to vote by mail to vote fraudulently by mail.
(2) Prevents or attempts to prevent by fraud the voting
of a person legally entitled to vote by mail.
(b) Penalty.--A person convicted under subsection (a) shall
be subject, in addition to such other penalties as are
authorized by law, to disenfranchisement for a period of time
determined by the court.
20110HB1382PN1621 - 26 -
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the purposes of this
act.
(2) Article XIII of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, and any
other provision of that act to the extent that it is
inconsistent with this act is repealed.
(3) All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 5. This act shall take effect in 60 days.
20110HB1382PN1621 - 27 -