Bill Text: PA HB2238 | 2011-2012 | Regular Session | Introduced

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Bill Title: In voting by qualified absentee electors, further providing for date of application for absentee ballot.

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Introduced - Dead) 2012-03-05 - Referred to STATE GOVERNMENT [HB2238 Detail]

Download: Pennsylvania-2011-HB2238-Introduced.html

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PRINTER'S NO. 3165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2238 Session of2012
INTRODUCED BY SCHRODER, BARRAR, BOBACK, CUTLER, FABRIZIO, GEORGE, HEFFLEY, HELM, KORTZ, MILLER, SWANGER AND TALLMAN, MARCH 5, 2012
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 2012
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," in voting by qualified absentee electors, further
providing for date of application for absentee ballot.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302.1(a.1) and (a.2) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, amended November 9, 2006 (P.L.1330, No.137), are amended
and the section is amended by adding a subsection to read:
Section 1302.1. Date of Application for Absentee Ballot.--*
* *
(a.1) Except as provided in subsection (a.2), in the event
any elector otherwise qualified who:
(1) is so physically disabled or ill on or before the first
Tuesday prior to any primary or election that he is unable to
file his application or who becomes physically disabled or ill
after the first Tuesday prior to any primary or election and is
unable to appear at his polling place [or any elector otherwise
qualified who];
(2) because of the conduct of his business, duties or
occupation will necessarily be absent from the municipality of
his residence on the day of the primary or election, which fact
was not and could not reasonably be known to said elector on or
before the first Tuesday prior to any primary or election; or
(3) because of the conduct of his business, duties or
occupation will necessarily be absent from the municipality of
his residence on the day of the primary or election, which fact
was known to said elector on or before the first Tuesday prior
to any primary or election and because of the conduct of his
business, duties or occupation was unable to reasonably file his
application on or before the first Tuesday prior to the day of
any primary or election,
the elector shall be entitled to an absentee ballot at any time
prior to five o'clock P.M. on the first Friday preceding any
primary or election upon execution of an Emergency Application
in such form prescribed by the Secretary of the Commonwealth.
(a.2) (1) In the event any elector otherwise qualified who:
(i) becomes so physically disabled or ill between five
o'clock P.M. on the first Friday preceding any primary or
election and eight o'clock P.M. on the day of any primary or
election that he is unable to appear at his polling place [or
any elector otherwise qualified who]; or
(ii) because of the conduct of his business, duties or
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occupation will necessarily be absent from the municipality of
his residence on the day of the primary or election, which fact
was not and could not reasonably be known to said elector prior
to five o'clock P.M. on the first Friday preceding any primary
or election,
the elector shall be entitled to an absentee ballot if the
elector completes and files with the court of common pleas in
the county in which the elector is qualified to vote an
Emergency Application or a letter or other signed document,
which includes the same information as is provided on the
Emergency Application.
(2) Upon a determination that the elector is a qualified
absentee elector under section 1301, the judge shall issue an
absentee ballot to the elector.
(3) If the elector is unable to appear in court to receive
the ballot, the judge shall give the elector's absentee ballot
to an authorized representative of the elector who is designated
in writing by the elector. The authorized representative shall
deliver the absentee ballot to the elector and return the
completed absentee ballot, sealed in the official absentee
ballot envelopes, to the county board of elections, who shall
distribute the ballot, unopened, to the absentee voter's
election district.
(4) If the elector is unable to appear in court or unable to
obtain assistance from an authorized representative, the judge
shall direct a deputy sheriff of the county to deliver the
absentee ballot to the elector if the elector is at a physical
location within the county and return the completed absentee
ballot, sealed in the official absentee ballot envelopes, to the
county board of elections, who shall distribute the ballots,
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unopened, to the absentee voter's respective election district.
(5) If there is no authorized representative and a deputy
sheriff is unavailable to deliver an absentee ballot under this
section, the judge may direct a constable to make such delivery
in accordance with the provisions of this section.
(6) In the case of an elector who requires assistance in
marking the elector's ballot, the elector shall designate in
writing the person who will assist in marking the ballot. Such
person shall be otherwise eligible to provide assistance to
electors eligible for assistance, and such person shall declare
in writing that assistance was rendered.
(7) Any person other than the designee who shall render
assistance in marking a ballot or any person rendering
assistance who shall fail to execute a declaration shall be
guilty of a violation of this act.
(8) No absentee ballot under this subsection shall be
counted which is received in the office of the county board of
elections later than eight o'clock P.M. on the day of the
primary or election.
* * *
(e) In the case of an elector otherwise qualified who
because of the conduct of his business, duties or occupation
will necessarily be absent from the municipality of his
residence on the day of the primary or election, which fact was
known to said elector on or before the first Tuesday prior to
any primary or election and because of the conduct of his
business, duties or occupation was unable to reasonably file his
application on or before the first Tuesday prior to the day of
any primary or election specified in subsection (a.1), such
Emergency Application, letter or other signed document shall
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contain a supporting affidavit from such elector stating that
because of the conduct of his business, duties or occupation
said elector will necessarily be absent from the municipality of
his residence on the day of the primary or election and because
of the conduct of his business, duties or occupation was unable
to file his application on or before the first Tuesday prior to
the day of any primary or election.
Section 2. This act shall take effect in 60 days.
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