Bill Text: PA HB317 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions; providing for absentee voting; further providing for applications for official absentee ballots, for date of application for absentee ballot, for approval of application for absentee ballot, for official absentee voters ballots, for envelopes for official absentee ballots, for delivering or mailing ballots, for voting by absentee electors, for assistance in voting by certain absentee electors, for canvassing of official absentee ballots and for violation of provisions relating to absentee voting; and making a repeal.

Spectrum: Moderate Partisan Bill (Democrat 34-4)

Status: (Introduced - Dead) 2009-02-10 - Referred to STATE GOVERNMENT [HB317 Detail]

Download: Pennsylvania-2009-HB317-Introduced.html

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PRINTER'S NO. 351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 317 Session of2009
INTRODUCED BY McGEEHAN, McILVAINE SMITH, CALTAGIRONE, BELFANTI, BOYLE, BRENNAN, CARROLL, COHEN, DePASQUALE, DONATUCCI, FRANKEL, FREEMAN, GIBBONS, GOODMAN, GROVE, GRUCELA, HARKINS, HORNAMAN, JOSEPHS, KORTZ, MAHONEY, MANDERINO, MUNDY, M. O'BRIEN, PALLONE, PAYTON, ROEBUCK, SANTONI, SHAPIRO, SIPTROTH, STABACK, STURLA, SWANGER, J. TAYLOR, WALKO AND WANSACZ, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009
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," further providing for definitions; providing for
absentee voting; further providing for applications for
official absentee ballots, for date of application for
absentee ballot, for approval of application for absentee
ballot, for official absentee voters ballots, for envelopes
for official absentee ballots, for delivering or mailing
ballots, for voting by absentee electors, for assistance in
voting by certain absentee electors, for canvassing of
official absentee ballots and for violation of provisions
relating to absentee voting; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(w) of the act of June 3, 1937 (P.L.
1333, No.320), known as the Pennsylvania Election Code, amended
February 13, 1990 (P.L.72, No.18), is amended to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
[(w) The words "qualified absentee elector" shall mean:
(1) Any qualified elector who is or who may be in the
military service of the United States regardless of whether at
the time of voting he is present in the election district of his
residence or is within or without this Commonwealth and
regardless of whether he is registered or enrolled; or
(2) Any qualified elector who is a spouse or dependent
residing with or accompanying a person in the military service
of the United States if at the time of voting such spouse or
dependent is absent from the municipality of his residence:
Provided, however, That the said elector has been registered or
enrolled according to law or is entitled, under provisions of
the Permanent Registration Law as now or hereinafter enacted by
the General Assembly, to absentee registration prior to or
concurrently with the time of voting; or
(3) Any qualified elector who is or who may be in the
service of the Merchant Marine of the United States if at the
time of voting he is absent from the municipality of his
residence: Provided, however, That the said elector has been
registered or enrolled according to law or is entitled, under
provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(4) Any qualified elector who is a spouse or dependent
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residing with or accompanying a person who is in the service of
the Merchant Marine of the United States if at the time of
voting such spouse or dependent is absent from the municipality
of his residence: Provided, however, That the said elector has
been registered or enrolled according to law or is entitled,
under provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(5) Any qualified elector who is or who may be in a
religious or welfare group officially attached to and serving
with the armed forces if at the time of voting he is absent from
the municipality of his residence: Provided, however, That the
said elector has been registered or enrolled according to law or
is entitled, under provisions of the Permanent Registration Law
as now or hereinafter enacted by the General Assembly, to
absentee registration prior to or concurrently with the time of
voting; or
(6) Any qualified elector who is a spouse or dependent
residing with or accompanying a person in a religious or welfare
group officially attached to and serving with the armed forces
if at the time of voting such spouse or dependent is absent from
the municipality of his residence: Provided, however, That the
said elector has been registered or enrolled according to law or
is entitled, under provisions of the Permanent Registration Law
as now or hereinafter enacted by the General Assembly, to
absentee registration prior to or concurrently with the time of
voting; or
(7) Any qualified elector who expects to be or is outside
the territorial limits of the several States of the United
20090HB0317PN0351 - 3 -
States and the District of Columbia because his duties,
occupation or business require him to be elsewhere during the
entire period the polls are open for voting on the day of any
primary or election or who is or who may be a civilian employee
of the United States outside the territorial limits of the
several States of the United States and the District of
Columbia, whether or not such elector is subject to civil-
service laws and the Classification Act of 1949 and whether or
not paid from funds appropriated by the Congress, if at the time
of voting he is absent from the municipality of his residence:
Provided, however, That said elector has been registered or
enrolled according to law or is entitled, under provisions of
the Permanent Registration Law as now or hereinafter enacted by
the General Assembly, to absentee registration prior to or
concurrently with the time of voting; or
(8) Any qualified elector who is a spouse or dependent
residing with or accompanying a person who expects to be or is
outside the territorial limits of the several States of the
United States and the District of Columbia because his duties,
occupation or business require him to be elsewhere during the
entire period the polls are open for voting on the day of any
primary or election or who is a spouse or dependent residing
with or accompanying a person who is a civilian employee of the
United States outside the territorial limits of the several
States of the United States and the District of Columbia whether
or not such person is subject to civil-service laws and the
Classification Act of 1949 and whether or not paid from funds
appropriated by the Congress if at the time of voting such
spouse or dependent is absent from the municipality of his
residence: Provided, however, That the said elector has been
20090HB0317PN0351 - 4 -
registered or enrolled according to law or is entitled, under
provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(9) Any qualified war veteran elector who is bedridden or
hospitalized due to illness or physical disability if he is
absent from the municipality of his residence and unable to
attend his polling place because of such illness or physical
disability regardless of whether he is registered and enrolled;
or
(10) Any qualified, registered and enrolled elector who
expects to be or is absent from the municipality of his
residence because his duties, occupation or business require him
to be elsewhere during the entire period the polls are open for
voting on the day of any primary or election; or
(11) Any qualified, registered and enrolled elector who is
unable to attend his polling place because of illness or
physical disability; or
(12) Any qualified, registered and enrolled elector who is a
spouse or dependent accompanying a person employed in the
service of this Commonwealth or in the service of the Federal
Government within the territorial limits of the several States
of the United States and the District of Columbia in the event
the duties, profession or occupation of such person require him
to be absent from the municipality of his residence; or
(13) Any qualified elector who is a county employe who
cannot vote due to duties on election day relating to the
conduct of the election; or
(14) Any qualified elector who will not attend a polling
20090HB0317PN0351 - 5 -
place because of the observance of a religious holiday:
Provided, however, That the words "qualified absentee
elector" shall in nowise be construed to include persons
confined in a penal institution or a mental institution nor
shall it in anywise be construed to include a person not
otherwise qualified as a qualified elector in accordance with
the definition set forth in section 102(t) of this act.]
* * *
Section 2. The heading of Article XIII of the act, amended
August 13, 1963 (P.L.707, No.379), is amended to read:
ARTICLE XIII
Voting By [Qualified] Absentee
Electors
Section 3. Section 1301 of the act, amended February 13,
1998 (P.L.72, No.18), is repealed:
[Section 1301. Qualified Absentee Electors.--The following
persons shall be entitled to vote by an official absentee ballot
in any primary or election held in this Commonwealth in the
manner hereinafter provided:
(a) Any qualified elector who is or who may be in the
military service of the United States regardless of whether at
the time of voting he is present in the election district of his
residence or is within or without this Commonwealth and
regardless of whether he is registered or enrolled; or
(b) Any qualified elector who is a spouse or dependent
residing with or accompanying a person in the military service
of the United States if at the time of voting such spouse or
dependent is absent from the municipality of his residence:
Provided, however, That the said elector has been registered or
enrolled according to law or is entitled, under provisions of
20090HB0317PN0351 - 6 -
the Permanent Registration Law as now or hereinafter enacted by
the General Assembly, to absentee registration prior to or
concurrently with the time of voting; or
(c) Any qualified elector who is or who may be in the
service of the Merchant Marine of the United States if at the
time of voting he is absent from the municipality of his
residence: Provided, however, That the said elector has been
registered or enrolled according to law or is entitled, under
provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(d) Any qualified elector who is a spouse or dependent
residing with or accompanying a person who is in the service of
the Merchant Marine of the United States if at the time of
voting such spouse or dependent is absent from the municipality
of his residence: Provided, however, That the said elector has
been registered or enrolled according to law or is entitled,
under provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(e) Any qualified elector who is or who may be in a
religious or welfare group officially attached to and serving
with the armed forces if at the time of voting he is absent from
the municipality of his residence: Provided, however, That the
said elector has been registered or enrolled according to law or
is entitled, under provisions of the Permanent Registration Law
as now or hereinafter enacted by the General Assembly, to
absentee registration prior to or concurrently with the time of
20090HB0317PN0351 - 7 -
voting; or
(f) Any qualified elector who is a spouse or dependent
residing with or accompanying a person in a religious or welfare
group officially attached to and serving with the armed forces
if at the time of voting such spouse or dependent is absent from
the municipality of his residence: Provided, however, That the
said elector has been registered or enrolled according to law or
is entitled, under provisions of the Permanent Registration Law
as now or hereinafter enacted by the General Assembly, to
absentee registration prior to or concurrently with the time of
voting; or
(g) Any qualified elector who expects to be or is outside
the territorial limits of the several States of the United
States and the District of Columbia because his duties,
occupation or business require him to be elsewhere during the
entire period the polls are open for voting on the day of any
primary or election or who is or who may be a civilian employee
of the United States outside the territorial limits of the
several States of the United States and the District of
Columbia, whether or not such elector is subject to civil-
service laws and the Classification Act of 1949 and whether or
not paid from funds appropriated by the Congress, if at the time
of voting he is absent from the municipality of his residence:
Provided, however, That said elector has been registered or
enrolled according to law or is entitled, under provisions of
the Permanent Registration Law as now or hereinafter enacted by
the General Assembly, to absentee registration prior to or
concurrently with the time of voting; or
(h) Any qualified elector who is a spouse or dependent
residing with or accompanying a person who expects to be or is
20090HB0317PN0351 - 8 -
outside the territorial limits of the several States of the
United States and the District of Columbia because his duties,
occupation or business require him to be elsewhere during the
entire period the polls are open for voting on the day of any
primary or election or who is a spouse or dependent residing
with or accompanying a person who is a civilian employee of the
United States outside the territorial limits of the several
States of the United States and the District of Columbia,
whether or not such person is subject to civil-service laws and
the Classification Act of 1949 and whether or not paid from
funds appropriated by the Congress, if at the time of voting
such spouse or dependent is absent from the municipality of his
residence: Provided, however, That the said elector has been
registered or enrolled according to law or is entitled, under
provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting;
or
(i) Any qualified war veteran elector who is bedridden or
hospitalized due to illness or physical disability if he is
absent from the municipality of his residence and unable to
attend his polling place because of such illness or physical
disability regardless of whether he is registered and enrolled;
or
(j) Any qualified registered and enrolled elector who
expects to be or is absent from the municipality of his
residence because his duties, occupation or business require him
to be elsewhere during the entire period the polls are open for
voting on the day of any primary or election; or
(k) Any qualified registered and enrolled elector who
20090HB0317PN0351 - 9 -
because of illness or physical disability is unable to attend
his polling place or operate a voting machine and secure
assistance by distinct and audible statement as required in
section 1218 of this act;
(l) Any qualified registered and enrolled elector who is a
spouse or dependent accompanying a person employed in the
service of this Commonwealth or in the service of the Federal
Government within the territorial limits of the several States
of the United States and the District of Columbia in the event
the duties, profession or occupation of such person require him
to be absent from the municipality of his residence; or
(m) Any qualified elector who is a county employe who cannot
vote due to duties on election day relating to the conduct of
the election; or
(n) Any qualified elector who will not attend a polling
place because of the observance of a religious holiday:
Provided, however, That the words "qualified absentee
elector" shall in nowise be construed to include persons
confined in a penal institution or a mental institution nor
shall it in anywise be construed to include a person not
otherwise qualified as a qualified elector in accordance with
the definition set forth in section 102(t) of this act.]
Section 4. The act is amended by adding a section to read:
Section 1301.1. Absentee Voting.--(a) Notwithstanding any
other provision of law, commencing with the 2010 primary
election, all qualified electors not serving a term of
imprisonment who request an absentee ballot application no later
than five o'clock P.M. on the first Tuesday prior to an election
shall be granted an absentee ballot and shall be entitled,
without further condition or qualification, to vote in the
20090HB0317PN0351 - 10 -
election by absentee ballot.
(b) Qualified electors who request an absentee ballot later
than five o'clock P.M. of the first Tuesday prior to the
election shall be entitled to cast their vote in the election by
absentee ballot in accordance with the provisions of this
article relating to Emergency Application.
(c) Notwithstanding any other provision of law, absentee
ballot application forms shall require only information
reasonably needed to determine an elector's qualification to
vote and polling location.
(d) Absentee ballot application requests may be submitted in
writing, electronically or in person to the county board of
elections.
Section 5. Section 1302 of the act, amended February 13,
1998 (P.L.72, No.18) and December 9, 2002 (P.L.1246, No.150), is
amended to read:
Section 1302. Applications for Official Absentee Ballots.--
(a) Any qualified elector [defined in preceding section 1301,
subsections (a) to (h), inclusive,] may apply at any time before
any primary or election for any official absentee ballot in
person, on any form supplied by the Federal Government, or on
any official county board of election form addressed to the
Secretary of the Commonwealth of Pennsylvania or the county
board of election of the county in which his voting residence is
located.
(b) [The application shall contain the following
information: Home residence at the time of entrance into actual
military service or Federal employment, length of time a
citizen, length of residence in Pennsylvania, date of birth,
length of time a resident of voting district, voting district if
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known, party choice in case of primary, name and, for a military
elector, his stateside military address, FPO or APO number and
serial number. Any elector other than a military elector shall
in addition specify the nature of his employment, the address to
which ballot is to be sent, relationship where necessary, and
such other information as may be determined and prescribed by
the Secretary of the Commonwealth. When such application is
received by the Secretary of the Commonwealth it shall be
forwarded to the proper county board of election.] (Reserved).
(c) The application of any qualified elector[, as defined in
section 1301(a), (b), (c), (d), (e), (f), (g) and (h),] for an
official absentee ballot in any primary or election may not be
made over the signature of any person, other than the qualified
elector or an adult member of his immediate family, as required
in the preceding subsection. [A qualified absentee military or
overseas elector, as defined by the Uniformed and Overseas
Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),
may submit his application for an official absentee ballot by
facsimile method if the original application is received prior
to the election by the county election office.] The absentee
ballot of the [qualified military or] overseas elector, as
defined by the Uniformed and Overseas Citizens Absentee Voting
Act (Public Law 99-410, 100 Stat. 924), shall not be counted
unless the elector's original application is received prior to
the election by the county election office. [The facsimile
method shall not be acceptable for the official absentee
ballot.]
(d) The application of any qualified elector[, as defined in
preceding section 1301, subsections (b) to (h), inclusive,] for
an official absentee ballot in any primary or election shall be
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signed by the applicant.
(e) Any qualified bedridden or hospitalized veteran absent
from the municipality of his residence and unable to attend his
polling place because of such illness or physical disability,
regardless of whether he is registered or enrolled, may apply at
any time before any primary or election for an official absentee
ballot on any official county board of election form addressed
to the Secretary of the Commonwealth of Pennsylvania or the
county board of elections of the county in which his voting
residence is located.
The application shall contain the following information:
Residence at the time of becoming bedridden or hospitalized,
length of time a citizen, length of residence in Pennsylvania,
date of birth, length of time a resident in voting district,
voting district if known, party choice in case of primary, name
and address of present residence or hospital at which
hospitalized. When such application is received by the Secretary
of the Commonwealth, it shall be forwarded to the proper county
board of elections.
The application for an official absentee ballot for any
primary or election shall be made on information supplied over
the signature of the bedridden or hospitalized veteran as
required in the preceding subsection. Any qualified registered
elector[, including a spouse or dependent referred to in
subsection (l) of section 1301,] who expects to be or is absent
from the municipality of his residence because his duties,
occupation or business require him to be elsewhere on the day of
any primary or election and any qualified registered elector who
is unable to attend his polling place on the day of any primary
or election because of illness or physical disability and any
20090HB0317PN0351 - 13 -
qualified registered bedridden or hospitalized veteran in the
county of residence, or in the case of a county employe who
cannot vote due to duties on election day relating to the
conduct of the election, or in the case of a person who will not
attend a polling place because of the observance of a religious
holiday, may apply to the county board of elections of the
county in which his voting residence is located for an Official
Absentee Ballot. Such application shall be made upon an official
application form supplied by the county board of elections. Such
official application form shall be determined and prescribed by
the Secretary of the Commonwealth of Pennsylvania.
(1) [The application of any qualified registered elector,
including spouse or dependent referred to in subsection (l) of
section 1301, who expects to be or is absent from the
municipality of his residence because his duties, occupation or
business require him to be elsewhere on the day of any primary
or election, or in the case of a county employe who cannot vote
due to duties on election day relating to the conduct of the
election, or in the case of a person who will not attend a
polling place because of the observance of a religious holiday,
shall be signed by the applicant and shall include the surname
and given name or names of the applicant, his occupation, date
of birth, length of time a resident in voting district, voting
district if known, place of residence, post office address to
which ballot is to be mailed, the reason for his absence, and
such other information as shall make clear to the county board
of elections the applicant's right to an official absentee
ballot.] (Reserved).
(2) The application of any qualified registered elector who
is unable to attend his polling place on the day of any primary
20090HB0317PN0351 - 14 -
or election because of illness or physical disability and the
application of any qualified registered bedridden or
hospitalized veteran in the county of residence shall be signed
by the applicant and shall include surname and given name or
names of the applicant, his occupation, date of birth, residence
at the time of becoming bedridden or hospitalized, length of
time a resident in voting district, voting district if known,
place of residence, post office address to which ballot is to be
mailed, and such other information as shall make clear to the
county board of elections the applicant's right to an official
ballot. In addition, the application of such electors shall
include a declaration stating the nature of their disability or
illness, and the name, office address and office telephone
number of their attending physician: Provided, however, That in
the event any elector entitled to an absentee ballot under this
subsection be unable to sign his application because of illness
or physical disability, he shall be excused from signing upon
making a statement which shall be witnessed by one adult person
in substantially the following form: I hereby state that I am
unable to sign my application for an absentee ballot without
assistance because I am unable to write by reason of my illness
or physical disability. I have made or have received assistance
in making my mark in lieu of my signature.
....................(Mark)
............................
(Date)
........................
(Signature of Witness)
...........................
(Complete Address of Witness)
20090HB0317PN0351 - 15 -
(e.1) Any qualified registered elector, including any
qualified bedridden or hospitalized veteran, who is unable
because of illness or physical disability to attend his polling
place on the day of any primary or election or operate a voting
machine and state distinctly and audibly that he is unable to do
so as required by section 1218 of this act may, with the
certification by his attending physician that he is permanently
disabled, and physically unable to attend the polls or operate a
voting machine and make the distinct and audible statement
required by section 1218 appended to the application
hereinbefore required, be placed on a permanently disabled
absentee ballot list file. An absentee ballot application shall
be mailed to every such person for each primary or election so
long as he does not lose his voting rights by failure to vote as
otherwise required by this act. Such person shall not be
required to file a physician's certificate of disability with
each application as required in subsection (e) of this section
but such person must submit a written statement asserting
continuing disability every four years in order to maintain his
eligibility to vote under the provisions of this subsection.
Should any such person lose his disability he shall inform the
county board of elections of the county of his residence.
(e.2) [Notwithstanding the other provisions of this act any
qualified elector who expects to be or is absent from the
municipality of his residence because his duties, occupation or
business require him to be elsewhere on the day of any election
or a county employe who cannot vote due to duties on election
day relating to the conduct of the election or a person who will
not attend a polling place because of the observance of a
religious holiday may make an application for an absentee ballot
20090HB0317PN0351 - 16 -
by mail by sending a letter to the county board of elections in
the county in which his voting residence is located. The letter
shall be signed by the applicant and contain his name and place
of residence.] (Reserved).
(f) The county chairman of each political party or the head
of each political body shall designate one representative from
his respective political party or body for each public
institution. The representatives so appointed shall, at the same
time on a date fixed by the county board of election visit every
public institution situate in the county for the purpose of
obtaining the names and addresses of public institution
residents who desire to receive applications for absentee
ballots and to act as an election board as provided in
subsection (g) of this section. The list of names and addresses
thus obtained shall then be submitted by said representatives to
the board which shall furnish applications individually to those
appearing in the written request. If the chairman or head of a
political party or body fails to appoint a representative within
fifteen days from written notice from the county board of
election, the county board of election shall appoint a
representative from the political party or body.
(g) The county board of election shall appoint teams of
three members for each public institution that shall go to the
public institutions and hold the election on the first Friday
prior to election day. Each member of the board shall appoint
one member on every team. After the votes are cast, the teams
shall collect the ballots and return them to the county board of
election where they shall be placed unopened in a secure, safe
and sealed container in the custody of the board until they
shall be distributed to the respective absentee voters' election
20090HB0317PN0351 - 17 -
district as provided in section 1308 of this act where they
shall be counted with the other absentee ballots, if any.
(h) The county board of election shall number, in
chronological order, the applications for an official absentee
ballot, which number shall likewise appear on the official
absentee ballot for the qualified elector. The numbers shall
appear legibly and in a conspicuous place but before the ballots
are distributed the number on the ballot shall be torn off by
the county board of election. This number information shall be
appropriately inserted and become a part of the Registered
Absentee Voters File and the Military, Veterans and Emergency
Civilian Absentee Voters File provided in section 1302.3 of this
act.
(i) Application for official absentee ballots shall be on
forms prescribed by the Secretary of the Commonwealth. [The
application shall state that a voter who receives an absentee
ballot pursuant to section 1301 and who, on election day, is
capable of voting at the appropriate polling place must void the
absentee ballot and vote in the normal manner at the appropriate
voting place.] Such forms shall be made freely available to the
public at county board of elections, municipal buildings and at
such other locations designated by the secretary. No written
application or personal request shall be necessary to receive
the application forms. Copies of all completed applications for
official absentee ballots shall be retained by the county board
of elections.
Section 6. Section 1302.1(a.2) of the act, amended November
9, 2006 (P.L.1330, No.137), is amended to read:
Section 1302.1. Date of Application for Absentee Ballot.--*
* *
20090HB0317PN0351 - 18 -
(a.2) In the event any elector otherwise qualified who
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 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 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. Upon a determination that the [elector is
a qualified absentee elector under section 1301] information
submitted is valid, the judge shall issue an absentee ballot to
the elector. 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. 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
20090HB0317PN0351 - 19 -
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, unopened, to the absentee voter's
respective election district. 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. 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. 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. 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.
* * *
Section 7. Section 1302.2 of the act, amended December 11,
1968 (P.L.1183, No.375), is amended to read:
Section 1302.2. Approval of Application for Absentee
Ballot.--
(a) The county board of elections, upon receipt of any
application filed by a qualified elector [not required to be
registered under preceding section 1301,] shall ascertain from
the information on such application, district register or from
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any other source that such applicant possesses all the
qualifications of a qualified elector [other than being
registered or enrolled]. If the board is satisfied that the
applicant is qualified to receive an official absentee ballot,
the application shall be marked approved such approval decision
shall be final and binding [except that challenges may be made
only on the ground that the applicant did not possess
qualifications of an absentee elector. Such challenges must be
made to the county board of elections prior to 5:00 o'clock P.
M. on the first Friday prior to the election]. When so approved,
the county board of elections shall cause the applicant's name
and residence (and at a primary, the party enrollment) to be
inserted in the Military, Veterans and Emergency Civilians
Absentee Voters File as provided in section 1302.3, subsection
(b): Providing, however, That no application of any qualified
elector in military service shall be rejected for failure to
include on his application any information if such information
may be ascertained within a reasonable time by the county board
of elections.
(b) The county board of elections, upon receipt of any
application filed by a qualified elector who is entitled, under
the provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting as
provided under preceding section [1301] 1301.1, shall ascertain
from the information on such application or from any other
source that such applicant possesses all the qualifications of a
qualified elector. If the board is satisfied that the applicant
is entitled, under the provisions of the Permanent Registration
Law as now or hereinafter enacted by the General Assembly, to
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absentee registration prior to or concurrently with the time of
voting and that the applicant is qualified to receive an
official absentee ballot, the application shall be marked
"approved." Such approval decision shall be final and binding
[except that challenges may be made only on the ground that the
applicant did not possess the qualifications of an absentee
elector prior to or concurrently with the time of voting. Such
challenges must be made to the county board of elections prior
to 5:00 o'clock P. M. on the first Friday prior to the
election]. When so approved, the county board of elections shall
cause the applicant's name and residence (and at a primary, the
party enrollment) to be inserted in the Military, Veterans and
Emergency Civilian Absentee Voters File as provided in section
1302.3 subsection (b).
(c) The county board of elections, upon receipt of any
application of a qualified elector required to be registered
under the provisions of preceding section [1301] 1301.1, shall
determine the qualifications of such applicant by comparing the
information set forth on such application with the information
contained on the applicant's permanent registration card. If the
board is satisfied that the applicant is qualified to receive an
official absentee ballot, the application shall be marked
"approved." Such approval decision shall be final and binding[,
except that challenges may be made only on the ground that the
applicant did not possess the qualifications of an absentee
elector. Such challenges must be made to the county board of
elections prior to 5:00 o'clock P. M. on the first Friday prior
to the election]. When so approved, the registration commission
shall cause an absentee voter's temporary registration card to
be inserted in the district register on top of and along with
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the permanent registration card. The absentee voter's temporary
registration card shall be in the color and form prescribed in
subsection (e) of this section:
Provided, however, That the duties of the county boards of
elections and the registration commissions with respect to the
insertion of the absentee voter's temporary registration card of
any elector from the district register as set forth in section
1302.2 shall include only such applications and emergency
applications as are received on or before the first Tuesday
prior to the primary or election. In all cases where
applications are received after the first Tuesday prior to the
primary or election and before five o'clock P. M. on the first
Friday prior to the primary or election, the county board of
elections shall determine the qualifications of such applicant
by comparing the information set forth on such application with
the information contained on the applicant's duplicate
registration card on file in the General Register (also referred
to as the Master File) in the office of the Registration
Commission and shall cause the name and residence (and at
primaries, the party enrollment) to be inserted in the Military,
Veterans and Emergency Civilian Absentee Voters File as provided
in section 1302.3, subsection (b). In addition, the local
district boards of elections shall, upon canvassing the official
absentee ballots under section 1308, examine the voting check
list of the election district of said elector's residence and
satisfy itself that such elector did not cast any ballot other
than the one properly issued to him under his absentee ballot
application. In all cases where the examination of the local
district board of elections discloses that an elector did vote a
ballot other than the one properly issued to him under the
20090HB0317PN0351 - 23 -
absentee ballot application, the local district board of
elections shall thereupon cancel said absentee ballot and said
elector shall be subject to the penalties as hereinafter set
forth.
(d) In the event that any application for an official
absentee ballot is not approved by the county board of
elections, the elector shall be notified immediately to that
effect with a statement by the county board of the reasons for
the disapproval.
(e) The absentee voter's temporary registration card shall be
in duplicate and the same size as the permanent registration
card, in a different and contrasting color to the permanent
registration card and shall contain the absentee voter's name
and address and shall conspicuously contain the words "Absentee
Voter." Such card shall also contain the affidavit required by
subsection (b) of section 1306.
Section 8. Section 1303(e) of the act, amended May 5, 1986
(P.L.150, No.47), is amended to read:
Section 1303. Official Absentee Voters Ballots.--* * *
(e) [The official absentee voter ballot shall state that a
voter who receives an absentee ballot pursuant to section 1301
and who, on election day, is capable of voting at the
appropriate polling place must void the absentee ballot and vote
in the normal manner at the appropriate voting place.]
(Reserved).
Section 9. Section 1304 of the act, amended December 11,
1968 (P.L.1183, No.375), is amended to read:
Section 1304. Envelopes for Official Absentee Ballots.--
The county boards of election shall provide two additional
envelopes for each official absentee ballot of such size and
20090HB0317PN0351 - 24 -
shape as shall be prescribed by the Secretary of the
Commonwealth, in order to permit the placing of one within the
other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall
be printed, stamped or endorsed the words "Official Absentee
Ballot," and nothing else. On the larger of the two envelopes,
to be enclosed within the mailing envelope, shall be printed the
form of the declaration of the elector, and the name and address
of the county board of election of the proper county. The larger
envelope shall also contain information indicating the local
election district of the absentee voter. Said form of
declaration and envelope shall be as prescribed by the Secretary
of the Commonwealth and shall contain among other things a
statement of the electors qualifications, together with a
statement that such elector has not already voted in such
primary or election. The mailing envelope addressed to the
elector shall contain the two envelopes, the official absentee
ballot, lists of candidates, when authorized by section 1303
subsection (b) of this act, the uniform instructions in form and
substance as prescribed by the Secretary of the Commonwealth and
nothing else: Provided, however, That envelopes for electors
[qualified] voting under preceding section [1301, subsections
(a) to (h), inclusive,] 1301.1 shall have printed across the
face of each transmittal or return envelope two parallel
horizontal red bars, each one-quarter inch wide, extending from
one side of the envelope to the other side, with an intervening
space of one-quarter inch, the top bar to be one and one-quarter
inches from the top of the envelope and with the words "Official
Election Balloting Material via Air Mail" between the bars; that
there be printed, in the upper right corner of each such
20090HB0317PN0351 - 25 -
envelope in a box, the words "Free of U. S. Postage, Including
Air Mail;" that all printing on the face of each such envelope
be in red, and that there be printed in red, in the upper left
corner of each such envelope, the name and address of the county
board of elections of the proper county or blank lines for
return address of the sender:
Provided further, That the aforesaid envelope addressed to
the elector may contain absentee registration forms where
required, and shall contain detailed instructions on the
procedures to be observed in casting an absentee ballot as
prescribed by the Secretary of the Commonwealth, together with
return envelope upon which is printed the name and address of
the registration commission of the proper county, which envelope
shall have printed across the face two parallel horizontal red
bars, each one-quarter inch wide, extending from one side of the
envelope to the other side, with an intervening space of one-
quarter inch, the top bar to be one and one-quarter inches from
the top of the envelope and with the words "Official Election
Balloting Material via Air Mail" between the bars; that there be
printed in the upper right corner of each such envelope in a box
the words "Free of U. S. Postage, Including Air Mail," and, in
the upper left corner of each such envelope, blank lines for
return address of the sender; that all printing on the face of
each such envelope be in red.
Section 10. Section 1305 of the act, amended August 13, 1963
(P.L.707, No.379) and December 17, 1990 (P.L.681, No.169), is
amended to read:
Section 1305. Delivering or Mailing Ballots.--
(a) The county board of elections upon receipt and approval
of an application filed by any elector [qualified] in accordance
20090HB0317PN0351 - 26 -
with the provisions of section [1301, subsections (a) to (h),
inclusive,] 1301.1 shall not later than fifty days prior to the
day of the primary or not later than seventy days prior to the
day of the election commence to deliver or mail to such elector
who has included with said application a statement that he or
she is unable to vote during the regular absentee balloting
period by reason of living or performing military service in an
extremely remote or isolated area of the world, and not later
than forty-five days prior to the day of the primary or election
commence to deliver or mail to all other such electors as
provided for in section [1301, subsections (a) to (h),
inclusive,] 1301.1 official absentee ballots or special write-in
absentee ballots as prescribed by subsection (d) of section 1303
when official absentee ballots are not yet printed; as
additional applications of such electors are received, the board
shall deliver or mail official absentee ballots or special
write-in absentee ballots when official absentee ballots are not
yet printed to such additional electors within forty-eight hours
after approval of their application. If the calling of a special
election would make it impossible to comply with the forty-five
day delivery or mailing requirement of this section, then the
county board of elections shall mail absentee ballots or special
write-in absentee ballots within five days of the county board's
receipt of the information necessary to prepare said ballots.
(b) [The county board of elections upon receipt and approval
of an application filed by any elector qualified in accordance
with the provisions of section 1301, subsections (i) to (l),
inclusive, shall commence to deliver or mail official absentee
ballots on the second Tuesday prior to the primary or election.
As additional applications are received and approved, the board
20090HB0317PN0351 - 27 -
shall deliver or mail official absentee ballots to such
additional electors within forty-eight hours.] (Reserved).
Section 11. Section 1306(a) of the act, amended November 9,
2006 (P.L.1330, No.137), is amended to read:
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (1), (2) and (3), at any time after
receiving an official absentee ballot, but on or before five
o'clock P.M. on the Friday prior to the primary or election, the
elector shall, in secret, proceed to mark the ballot only in
black lead pencil, indelible pencil or blue, black or blue-black
ink, in fountain pen or ball point pen, and then fold the
ballot, enclose and securely seal the same in the envelope on
which is printed, stamped or endorsed "Official Absentee
Ballot."
(1) Any elector who submits an Emergency Application and
receives an absentee ballot in accordance with section 1302.1(a.
2) or (c) shall mark the ballot on or before eight o'clock P.M.
on the day of the primary or election. This envelope shall then
be placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
county board of election and the local election district of the
elector. The elector shall then fill out, date and sign the
declaration printed on such envelope. Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election.
(2) [Any elector, spouse of the elector or dependent of the
elector, qualified in accordance with the provisions of section
1301, subsections (e), (f), (g) and (h) to vote by absentee
ballot as herein provided, shall be required to include on the
20090HB0317PN0351 - 28 -
form of declaration a supporting declaration in form prescribed
by the Secretary of the Commonwealth, to be signed by the head
of the department or chief of division or bureau in which the
elector is employed, setting forth the identity of the elector,
spouse of the elector or dependent of the elector.] (Reserved).
(3) Any elector who has filed his application in accordance
with section 1302 subsection (e)(2), and is unable to sign his
declaration because of illness or physical disability, shall be
excused from signing upon making a declaration which shall be
witnessed by one adult person in substantially the following
form: I hereby declare that I am unable to sign my declaration
for voting my absentee ballot without assistance because I am
unable to write by reason of my illness or physical disability.
I have made or received assistance in making my mark in lieu of
my signature.
....................(Mark)
............................
(Date)
........................
(Signature of Witness)
...........................
(Complete Address of Witness)
* * *
Section 12. Section 1306.1 of the act, amended December 9,
2002 (P.L.1246, No.150), is amended to read:
Section 1306.1. Assistance in Voting by Certain Absentee
Electors.--
Any elector [qualified to vote] voting with an official
absentee ballot in accordance with the provisions of section
[1301, subsection (k)] 1301.1, may receive assistance in voting
20090HB0317PN0351 - 29 -
(1) if there is recorded on his registration card his
declaration that he has a physical disability which renders him
unable to see or mark the official absentee ballot, the exact
nature of such disability being recorded on such registration
card; (2) if such elector requiring assistance submits with his
application for an official absentee ballot, a statement setting
forth the precise nature of the disability which renders him
unable to see or mark the official absentee ballot and that to
the best of his knowledge and belief he will still suffer from
the said physical disability at the time of voting his official
absentee ballot. He shall acknowledge the same before an officer
qualified to take acknowledgement of deeds. Such statement shall
be in substantially the following form:
Statement of Absentee Elector Requiring Assistance
I, ............................................, hereby state
(Name of voter requiring assistance)
that I require assistance in marking the official absentee
ballot for the primary or election held ..................,
(Date)
19..., that will be issued to me for the following reason:
..............................................................
(Insert nature of disability)
.........................................
(Signature or mark of elector)
...................................
(Date of signature or mark)
ss
Commonwealth of Pennsylvania:
County of ..................:
On this..........day of.........., 19...., before me,
20090HB0317PN0351 - 30 -
........................, the undersigned officer personally
appeared......................., known to me (or satisfactorily
proven) to be the person whose signature or mark appears on the
within instrument and acknowledged the same for the purposes
therein contained.
In witness whereof, I have hereunto set my hand and official
seal
........................
(Title of Officer)
Upon receipt of the official absentee ballot, such elector
requiring assistance may select a person to assist him in
voting, such assistance to be rendered in secret: Provided,
however, That the person rendering assistance may not be the
elector's employer or an agent of the employer or an officer or
agent of the elector's union. The person rendering the
assistance in voting shall complete, date and sign the
declaration in such form approved by the Secretary of the
Commonwealth, or substantially in the form as set forth below,
that the person has caused the elector's ballot to be marked in
accordance with such elector's desires and instruction. Such
declaration form shall be returned to the county board of
elections in the mailing envelope addressed to the county board
of elections within which the small "official absentee ballot"
is returned.
Declaration of Person Rendering Assistance
I, .......................................,
(Name of Person rendering assistance)
hereby declare that I have witnessed the aforesaid elector's
signature or mark and that I have caused the aforesaid elector's
ballot to be marked in accordance with the desires and
20090HB0317PN0351 - 31 -
instructions of the aforesaid elector.
..............................................
(Signature of Person Rendering Assistance)
..............................................
(Address)
Section 13. Sections 1308(g) and 1331 of the act, amended or
added May 12, 2006 (P.L.178, No.45), are amended to read:
Section 1308. Canvassing of Official Absentee Ballots.--* *
*
(g) (1) An absentee ballot cast by any absentee elector as
defined in section [1301(a), (b), (c), (d), (e), (f), (g) and
(h)] 1301.1 which is received in the office of the county board
of elections after five o'clock P.M. on the Friday immediately
preceding the election and no later than five o'clock P.M. on
the seventh day following an election shall be canvassed in
accordance with this subsection if the absentee ballot is
postmarked no later than the day immediately preceding the
election.
(2) The county board of elections shall meet on the eighth
day following the election to canvass the absentee ballots
received under this subsection. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots are canvassed. Representatives shall
be permitted to challenge any absentee elector in accordance
with the provisions of paragraph (3).
(3) When the county board meets to canvass absentee ballots
under paragraph (2), the board shall examine the declaration on
the envelope of each ballot not set aside under subsection (d)
and shall compare the information thereon with that contained in
20090HB0317PN0351 - 32 -
the "Registered Absentee Voters File," the absentee voters' list
and/or the "Military Veterans and Emergency Civilians Absentee
Voters File," whichever is applicable. If the county board is
satisfied that the declaration is sufficient and the information
contained in the "Registered Absentee Voters File," the absentee
voters' list and/or the "Military Veterans and Emergency
Civilians Absentee Voters File" verifies his right to vote, the
county board shall announce the name of the elector and shall
give any candidate representative or party representative
present an opportunity to challenge any absentee elector upon
the ground [or grounds: (i)] that the absentee elector is not a
qualified elector[; or (ii) that the absentee elector was within
the municipality of his residence on the day of the primary or
election during the period the polls were open, except where he
was in the military service or except in the case where his
ballot was obtained for the reason that he was unable to appear
personally at the polling place because of illness or physical
disability; or (iii) that the absentee elector was able to
appear personally at the polling place on the day of the primary
or election during the period the polls were open in the case
his ballot was obtained for the reason that he was unable to
appear personally at the polling place because of illness or
physical disability]. Upon challenge of any absentee elector, as
set forth herein, the board shall mark "challenged" on the
envelope together with the reasons therefor, and the same shall
be set aside unopened pending final determination of the
challenge according to the procedure described in paragraph (5).
(4) All absentee ballots not challenged for any of the
reasons provided in paragraph (3) shall be counted and included
with the returns of the applicable election district as follows.
20090HB0317PN0351 - 33 -
The county board shall open the envelope of every unchallenged
absentee elector in such manner as not to destroy the
declaration executed thereon. If any of the envelopes on which
are printed, stamped or endorsed the words "Official Absentee
Ballot" contain any extraneous marks or identifying symbols, the
envelopes and the ballots contained therein shall be set aside
and declared void. The county board shall then break the seals
of such envelopes, remove the ballots and record the votes.
(5) With respect to the challenged ballots, they shall be
placed unopened in a secure, safe and sealed container in the
custody of the county board until it shall fix a time and place
for a formal hearing of all such challenges, and notice shall be
given where possible to all absentee electors thus challenged
and to every individual who made a challenge. The time for the
hearing shall not be later than five (5) days after the date of
the challenge. On the day fixed for said hearing, the county
board shall proceed without delay to hear said challenges, and,
in hearing the testimony, the county board shall not be bound by
the Pennsylvania Rules of Evidence. The testimony presented
shall be stenographically recorded and made part of the record
of the hearing.
(6) The decision of the county board in upholding or
dismissing any challenge may be reviewed by the court of common
pleas of the county upon a petition filed by any person
aggrieved by the decision of the county board. The appeal shall
be taken, within two (2) days after the decision was made,
whether the decision was reduced to writing or not, to the court
of common pleas setting forth the objections to the county
board's decision and praying for an order reversing the
decision.
20090HB0317PN0351 - 34 -
(7) Pending the final determination of all appeals, the
county board shall suspend any action in canvassing and
computing all challenged ballots received under this subsection
irrespective of whether or not appeal was taken from the county
board's decision. Upon completion of the computation of the
returns of the county, the votes cast upon the challenged
official absentee ballots that have been finally determined to
be valid shall be added to the other votes cast within the
county.
Section 1331. Violation of Provisions Relating to Absentee
Voting.--(a) Except as provided in subsection (b), any person
who shall violate any of the provisions of this act relating to
absentee voting shall, unless otherwise provided, be subject to
the penalties provided for in section 1850 of this act.
(b) Any person who knowingly assists another person who is
not [a qualified] an absentee elector in filling out an absentee
ballot application or absentee ballot commits a misdemeanor of
the third degree.
Section 14. This act shall take effect in 60 days.
20090HB0317PN0351 - 35 -