PRINTER'S NO. 697
No. 630 Session of 1997
INTRODUCED BY DeLUCA, VAN HORNE, YOUNGBLOOD, FLICK, GEORGE,
PISTELLA AND PRESTON, FEBRUARY 21, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 21, 1997
AN ACT
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 the date of application for
12 certain absentee ballots.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1302.1 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 amended December 11, 1968 (P.L.1183, No.375), is amended to
18 read:
19 Section 1302.1. Date of Application for Absentee Ballot.--
20 (a) Applications for absentee ballots unless otherwise
21 specified shall be received in the office of the county board of
22 elections not earlier than fifty (50) days before the primary or
23 election and not later than five o'clock P.M. of the first
1 Tuesday prior to the day of any primary or election: Provided,
2 however, That in the event any elector otherwise qualified who
3 is so physically disabled or ill on or before the first Tuesday
4 prior to any primary or election that he is unable to file his
5 application or who becomes physically disabled or ill after the
6 first Tuesday prior to any primary or election and is unable to
7 appear at his polling place or any elector otherwise qualified
8 who because of the conduct of his business, duties or occupation
9 will necessarily be absent from the State or county of his
10 residence on the day of the primary or election, which fact was
11 not and could not reasonably be known to said elector on or
12 before the first Tuesday prior to any primary or election, shall
13 be entitled to an absentee ballot at any time prior to [five
14 o'clock P.M. on the first Friday] twelve o'clock noon on the
15 first Monday immediately preceding any primary or election upon
16 execution of an Emergency Application in such form prescribed by
17 the Secretary of the Commonwealth.
18 (b) In the case of an elector who is physically disabled or
19 ill on or before the first Tuesday prior to a primary or
20 election or becomes physically disabled or ill after the first
21 Tuesday prior to a primary or election, such Emergency
22 Application shall contain a supporting affidavit from his
23 attending physician stating that due to physical disability or
24 illness said elector was unable to apply for an absentee ballot
25 on or before the first Tuesday prior to the primary or election
26 or became physically disabled or ill after that period.
27 (c) In the case of an elector who is necessarily absent
28 because of the conduct of his business, duties or occupation
29 under the unforeseen circumstances specified in this subsection,
30 such Emergency Application shall contain a supporting affidavit
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1 from such elector stating that because of the conduct of his
2 business, duties or occupation said elector will necessarily be
3 absent from the State or county of his residence on the day of
4 the primary or election which fact was not and could not
5 reasonably be known to said elector on or before the first
6 Tuesday prior to the primary or election.
7 Section 2. This act shall take effect immediately.
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