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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SCHRODER, BARRAR, BOBACK, CUTLER, FABRIZIO, GEORGE, HEFFLEY, HELM, KORTZ, MILLER, SWANGER AND TALLMAN, MARCH 5, 2012 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 2012 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," in voting by qualified absentee electors, further |
12 | providing for date of application for absentee ballot. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 1302.1(a.1) and (a.2) of the act of June |
16 | 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
17 | Code, amended November 9, 2006 (P.L.1330, No.137), are amended |
18 | and the section is amended by adding a subsection to read: |
19 | Section 1302.1. Date of Application for Absentee Ballot.--* |
20 | * * |
21 | (a.1) Except as provided in subsection (a.2), in the event |
22 | any elector otherwise qualified who: |
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1 | (1) is so physically disabled or ill on or before the first |
2 | Tuesday prior to any primary or election that he is unable to |
3 | file his application or who becomes physically disabled or ill |
4 | after the first Tuesday prior to any primary or election and is |
5 | unable to appear at his polling place [or any elector otherwise |
6 | qualified who]; |
7 | (2) because of the conduct of his business, duties or |
8 | occupation will necessarily be absent from the municipality of |
9 | his residence on the day of the primary or election, which fact |
10 | was not and could not reasonably be known to said elector on or |
11 | before the first Tuesday prior to any primary or election; or |
12 | (3) because of the conduct of his business, duties or |
13 | occupation will necessarily be absent from the municipality of |
14 | his residence on the day of the primary or election, which fact |
15 | was known to said elector on or before the first Tuesday prior |
16 | to any primary or election and because of the conduct of his |
17 | business, duties or occupation was unable to reasonably file his |
18 | application on or before the first Tuesday prior to the day of |
19 | any primary or election, |
20 | the elector shall be entitled to an absentee ballot at any time |
21 | prior to five o'clock P.M. on the first Friday preceding any |
22 | primary or election upon execution of an Emergency Application |
23 | in such form prescribed by the Secretary of the Commonwealth. |
24 | (a.2) (1) In the event any elector otherwise qualified who: |
25 | (i) becomes so physically disabled or ill between five |
26 | o'clock P.M. on the first Friday preceding any primary or |
27 | election and eight o'clock P.M. on the day of any primary or |
28 | election that he is unable to appear at his polling place [or |
29 | any elector otherwise qualified who]; or |
30 | (ii) because of the conduct of his business, duties or |
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1 | occupation will necessarily be absent from the municipality of |
2 | his residence on the day of the primary or election, which fact |
3 | was not and could not reasonably be known to said elector prior |
4 | to five o'clock P.M. on the first Friday preceding any primary |
5 | or election, |
6 | the elector shall be entitled to an absentee ballot if the |
7 | elector completes and files with the court of common pleas in |
8 | the county in which the elector is qualified to vote an |
9 | Emergency Application or a letter or other signed document, |
10 | which includes the same information as is provided on the |
11 | Emergency Application. |
12 | (2) Upon a determination that the elector is a qualified |
13 | absentee elector under section 1301, the judge shall issue an |
14 | absentee ballot to the elector. |
15 | (3) If the elector is unable to appear in court to receive |
16 | the ballot, the judge shall give the elector's absentee ballot |
17 | to an authorized representative of the elector who is designated |
18 | in writing by the elector. The authorized representative shall |
19 | deliver the absentee ballot to the elector and return the |
20 | completed absentee ballot, sealed in the official absentee |
21 | ballot envelopes, to the county board of elections, who shall |
22 | distribute the ballot, unopened, to the absentee voter's |
23 | election district. |
24 | (4) If the elector is unable to appear in court or unable to |
25 | obtain assistance from an authorized representative, the judge |
26 | shall direct a deputy sheriff of the county to deliver the |
27 | absentee ballot to the elector if the elector is at a physical |
28 | location within the county and return the completed absentee |
29 | ballot, sealed in the official absentee ballot envelopes, to the |
30 | county board of elections, who shall distribute the ballots, |
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1 | unopened, to the absentee voter's respective election district. |
2 | (5) If there is no authorized representative and a deputy |
3 | sheriff is unavailable to deliver an absentee ballot under this |
4 | section, the judge may direct a constable to make such delivery |
5 | in accordance with the provisions of this section. |
6 | (6) In the case of an elector who requires assistance in |
7 | marking the elector's ballot, the elector shall designate in |
8 | writing the person who will assist in marking the ballot. Such |
9 | person shall be otherwise eligible to provide assistance to |
10 | electors eligible for assistance, and such person shall declare |
11 | in writing that assistance was rendered. |
12 | (7) Any person other than the designee who shall render |
13 | assistance in marking a ballot or any person rendering |
14 | assistance who shall fail to execute a declaration shall be |
15 | guilty of a violation of this act. |
16 | (8) No absentee ballot under this subsection shall be |
17 | counted which is received in the office of the county board of |
18 | elections later than eight o'clock P.M. on the day of the |
19 | primary or election. |
20 | * * * |
21 | (e) In the case of an elector otherwise qualified who |
22 | because of the conduct of his business, duties or occupation |
23 | will necessarily be absent from the municipality of his |
24 | residence on the day of the primary or election, which fact was |
25 | known to said elector on or before the first Tuesday prior to |
26 | any primary or election and because of the conduct of his |
27 | business, duties or occupation was unable to reasonably file his |
28 | application on or before the first Tuesday prior to the day of |
29 | any primary or election specified in subsection (a.1), such |
30 | Emergency Application, letter or other signed document shall |
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1 | contain a supporting affidavit from such elector stating that |
2 | because of the conduct of his business, duties or occupation |
3 | said elector will necessarily be absent from the municipality of |
4 | his residence on the day of the primary or election and because |
5 | of the conduct of his business, duties or occupation was unable |
6 | to file his application on or before the first Tuesday prior to |
7 | the day of any primary or election. |
8 | Section 2. This act shall take effect in 60 days. |
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