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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PASHINSKI, BARBIN, BISHOP, BRADFORD, BRENNAN, BRIGGS, V. BROWN, BROWNLEE, BURNS, CALTAGIRONE, COHEN, CONKLIN, D. COSTA, CRUZ, DALEY, DAVIDSON, DEAN, DEASY, DeLUCA, DERMODY, DONATUCCI, FABRIZIO, FRANKEL, GEORGE, GERGELY, GIBBONS, GOODMAN, HALUSKA, HARKINS, HORNAMAN, JAMES, JOSEPHS, KORTZ, KOTIK, LONGIETTI, MAHONEY, MANN, MARKOSEK, MATZIE, McGEEHAN, MUNDY, MURT, NEILSON, M. O'BRIEN, PARKER, PAYTON, RAVENSTAHL, SABATINA, SAINATO, SANTARSIERO, SANTONI, SCHMOTZER, K. SMITH, STABACK, STURLA, THOMAS, VITALI, WATERS, WILLIAMS, YOUNGBLOOD AND FREEMAN, JUNE 22, 2012 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 22, 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," further providing for requirements relating to |
12 | voter identification, and for notice of November elections; |
13 | for manner of applying to vote, persons entitled to vote, |
14 | voter's certificates, entries to be made in district |
15 | register, numbered lists of voters and challenges; and |
16 | providing for conduct of early voting in primaries and |
17 | elections. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 206(a) of the act of June 3, 1937 |
21 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
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1 | added March 14, 2012 (P.L.195, No.18), is amended to read: |
2 | Section 206. Requirements Relating to Voter |
3 | Identification.--(a) The Secretary of the Commonwealth shall |
4 | prepare and disseminate information, in English and Spanish, to |
5 | the public regarding the proof of identification requirements |
6 | established under sections 1210 and 1302. |
7 | * * * |
8 | Section 2. Section 1201 of the act, amended July 14, 1961 |
9 | (P.L.647, No.333), is amended to read: |
10 | Section 1201. Notice of November Elections.--The county |
11 | board of each county shall, not earlier than ten days nor later |
12 | than three days before each November election, give notice of |
13 | the same by newspaper publication in the county in accordance |
14 | with the provisions of section 106 of this act, said notice to |
15 | be published twice in counties of the first class and once in |
16 | all other counties. Such notice shall set forth--(a) the |
17 | officers to be elected in the State at large, or in said county, |
18 | or in any district of which said county or part thereof forms a |
19 | part, or in any city, borough, township, school district, poor |
20 | district, ward or other district which is contained in such |
21 | county; (b) the names of the candidates for election to Federal, |
22 | State, county and city offices, whose names will appear upon the |
23 | ballots or ballot labels; (c) the text of all constitutional |
24 | amendments and other questions to be submitted at such election; |
25 | (d) the places at which the election is to be held in the |
26 | various election districts of the county; [and] (e) the date of |
27 | the election and the hours during which the polls will be open; |
28 | and (f) the requirements for proof of identification in |
29 | accordance with the provisions of section 1210 of this act. Such |
30 | notice may include a portion of the form of ballot or diagram of |
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1 | the face of the voting machine in reduced size. |
2 | * * * |
3 | Section 3. Section 1210(a) of the act, amended March 14, |
4 | 2012 (P.L.195, No.18), is amended and the section is amended by |
5 | adding subsections to read: |
6 | Section 1210. Manner of Applying to Vote; Persons Entitled |
7 | to Vote; Voter's Certificates; Entries to Be Made in District |
8 | Register; Numbered Lists of Voters; Challenges.--(a) (1) At |
9 | every primary and election each elector who appears to vote and |
10 | who desires to vote shall first present to an election officer |
11 | proof of identification. |
12 | (2) The election officer shall examine the proof of |
13 | identification presented by the elector and sign an affidavit |
14 | stating that this has been done. |
15 | (3) In the case of an elector who resides in a care |
16 | facility, the following shall apply: |
17 | (i) For the primary or election at which the elector appears |
18 | to vote in the election district for the first time, the elector |
19 | shall first present to an election officer a current utility |
20 | bill, current bank statement, government check or proof of |
21 | identification. |
22 | (ii) The election officer shall examine the document or |
23 | proof of identification presented by the elector and sign an |
24 | affidavit stating that this has been done. |
25 | * * * |
26 | (a.5) Notwithstanding any other provision of this section, |
27 | in lieu of the requirements of subsection (a), an elector who |
28 | does not possess proof of identification shall be permitted to |
29 | cast a provisional ballot if the elector mails a photocopy of |
30 | proof of identification, postmarked no later than the day |
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1 | following the election and provides a notarized affidavit |
2 | prescribed by the Secretary of the Commonwealth, swearing or |
3 | affirming that the elector appeared at the election district and |
4 | voted a provisional ballot. The county board of elections shall |
5 | supply each election district with a sufficient supply of |
6 | affidavit forms and envelopes that are preaddressed to the |
7 | county board of elections for this purpose. |
8 | (a.6) Notwithstanding any other provision of this section, |
9 | an elector, other than an elector who appears to vote in that |
10 | election district for the first time, who does not possess proof |
11 | of identification satisfies the requirements of subsection (a) |
12 | by, on a form prescribed by the Secretary of the Commonwealth, |
13 | writing the elector's residential address and date of birth, |
14 | printing the elector's name and signing an affidavit that the |
15 | elector is the elector whose name appears in the district |
16 | register. The county board of elections shall supply each |
17 | election district with a sufficient supply of such forms. |
18 | (a.7) Notwithstanding any other provision of this section, |
19 | an elector, other than an elector who appears to vote in that |
20 | election district for the first time, who does not possess proof |
21 | of identification satisfies the requirements of subsection (a) |
22 | if an elector with proof of identification verifies the identity |
23 | of the elector and, on a form prescribed by the Secretary of the |
24 | Commonwealth, signs an affidavit swearing or affirming that the |
25 | person is the person identified in the district register. The |
26 | county board of elections shall supply each election district |
27 | with a sufficient supply of such forms. |
28 | (a.8) Notwithstanding any other provision of this section, |
29 | an elector, other than an elector who appears to vote in that |
30 | election district for the first time, who does not possess proof |
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1 | of identification satisfies the requirements of subsection (a) |
2 | by signing, on a form prescribed by the Secretary of the |
3 | Commonwealth, an affidavit swearing or affirming that the person |
4 | is the person identified in the district register. |
5 | (a.9) An elector, other than an elector who appears to vote |
6 | in that election district for the first time, who is a veteran |
7 | of any of the following services shall be exempt from the |
8 | provisions of subsection (a): |
9 | (1) Active and reserve components of the Army, Navy, Air |
10 | Force, Marine Corps or Coast Guard of the United States. |
11 | (2) The National Guard and the Pennsylvania National Guard. |
12 | (3) The United States Merchant Marine. |
13 | The elector shall establish the elector's status under this |
14 | subsection by signing an affidavit, on a form prescribed by the |
15 | Secretary of the Commonwealth, swearing or affirming that the |
16 | elector is a veteran of one of the enumerated services. The |
17 | county board of elections shall supply each election district |
18 | with a sufficient supply of such forms. |
19 | (a.10) Notwithstanding any other provision of this section, |
20 | in lieu of the requirements of subsection (a), an elector who |
21 | does not possess proof of identification shall be permitted to |
22 | cast a provisional ballot if the elector mails a photocopy of |
23 | proof of identification, postmarked no later than the day |
24 | following the election and provides an affidavit prescribed by |
25 | the Secretary of the Commonwealth, swearing or affirming that |
26 | the elector appeared at the election district and voted a |
27 | provisional ballot. The county board of elections shall supply |
28 | each election district with a sufficient supply of affidavit |
29 | forms and envelopes that are preaddressed to the county board of |
30 | elections for this purpose. |
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1 | Section 4. The act is amended by adding an article to read: |
2 | ARTICLE XII-A |
3 | CONDUCT OF EARLY VOTING |
4 | IN PRIMARIES AND ELECTIONS |
5 | Section 1201-A. Early voting period. |
6 | The county board of each county shall provide for early |
7 | voting to begin 35 days prior to the dates of elections and |
8 | primaries established in accordance with Article VI and to end |
9 | the Friday before the starting date. |
10 | Section 1202-A. Early voting sites. |
11 | Early voting shall be conducted at the main office of the |
12 | county board or any alternative sites designated by the county |
13 | board during the early voting period established in accordance |
14 | with section 1201-A. The county board shall make available at |
15 | these sites the same equipment used on election day as provided |
16 | for in Article XI. |
17 | Section 1203-A. Days and times for opening and closing polls at |
18 | early voting sites. |
19 | The county board of each county shall designate the days and |
20 | hours that early voting sites will be open, provided that all |
21 | sites throughout the county shall have uniform days and hours, |
22 | shall be open eight hours each weekday, shall be open a minimum |
23 | of an aggregate eight hours each weekend and shall not open |
24 | prior to 7 a.m. Eastern Standard Time or close before 7 p.m. |
25 | Eastern Standard Time. |
26 | Section 1204-A. Voter's certificates and elector |
27 | identification. |
28 | At each early voting site, the county board shall prepare a |
29 | suitable number of voter's certificates as provided by section |
30 | 1203. Each elector who appears to vote at an early voting site |
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1 | shall complete a voter certificate and shall present to an |
2 | election officer one of the forms of photo identification as |
3 | established in section 1210. |
4 | Section 1205-A. Voting check list. |
5 | The county board shall maintain a voting check list as |
6 | provided for in section 1212 in such a way to ensure that |
7 | electors are prohibited from casting additional ballots at |
8 | either an early voting site or on election day in their |
9 | precinct. |
10 | Section 1206-A. Disposition of returns. |
11 | The county board shall track votes by precinct but shall not |
12 | tabulate votes prior to the close of the polls on election day. |
13 | Section 1207-A. Applicability of Article XII. |
14 | Except as provided in this article, the provisions of Article |
15 | XII shall apply to early voting in primaries and elections. |
16 | Section 5. This act shall take effect in 60 days. |
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