PRINTER'S NO. 1092
No. 986 Session of 1997
INTRODUCED BY STABACK, GEORGE, STERN, WOJNAROSKI, ROONEY, MILLER, BOSCOLA, LEDERER, TULLI, PLATTS, TRELLO, C. WILLIAMS, ITKIN, McCALL, CARONE, CURRY, CARN, ROSS, COLAIZZO, VAN HORNE, PRESTON, JOSEPHS, ROBERTS, MELIO, BARD AND McGEEHAN, MARCH 19, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 19, 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 date of application for 12 absentee ballot and for canvassing of official absentee 13 ballots. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Sections 1302.1 and 1308(a) of the act of June 3, 17 1937 (P.L.1333, No.320), known as the Pennsylvania Election 18 Code, amended December 11, 1968 (P.L.1183, No.375), are amended 19 to read: 20 Section 1302.1. Date of Application for Absentee Ballot.-- 21 (a) (1) Applications for absentee ballots unless otherwise 22 specified in clause (2) or (3) shall be received in the office
1 of the county board of elections not earlier than fifty (50) 2 days before the primary or election and not later than five 3 o'clock P.M. of the first Tuesday prior to the day of any 4 primary or election[: Provided, however, That in]. 5 (2) In the event any elector otherwise qualified who is so 6 physically disabled or ill on or before the first Tuesday prior 7 to any primary or election that he is unable to file his 8 application or who becomes physically disabled or ill after the 9 first Tuesday prior to any primary or election and is unable to 10 appear at his polling place [or any elector otherwise qualified] 11 shall be entitled to an absentee ballot at any time prior to 12 five o'clock P.M. on the Monday immediately preceding any 13 primary or election upon execution of an Emergency Application 14 in such form prescribed by the Secretary of the Commonwealth. 15 (3) Any other elector otherwise qualified who because of the 16 conduct of his business, duties or occupation will necessarily 17 be absent from the State or county of his residence on the day 18 of the primary or election, which fact was not and could not 19 reasonably be known to said elector on or before the first 20 Tuesday prior to any primary or election, shall be entitled to 21 an absentee ballot at any time prior to five o'clock P.M. on the 22 first Friday preceding any primary or election upon execution of 23 an Emergency Application in such form prescribed by the 24 Secretary of the Commonwealth. 25 (b) (1) In the case of an elector who is physically 26 disabled or ill on or before the first Tuesday prior to a 27 primary or election or becomes physically disabled or ill after 28 the first Tuesday prior to a primary or election, such Emergency 29 Application shall contain a supporting affidavit from his 30 attending physician stating that due to physical disability or 19970H0986B1092 - 2 -
1 illness said elector was unable to apply for an absentee ballot 2 on or before the first Tuesday prior to the primary or election 3 or became physically disabled or ill after that period. 4 (2) Notwithstanding the limitations contained in clause (2) 5 of subsection (a) and in clause (1) of this subsection, the 6 court of common pleas may, upon petition of a qualified elector 7 who becomes physically disabled or ill after the application 8 deadlines in clause (2) of subsection (a) and accompanied by an 9 affidavit of the attending physician of such elector stating 10 that the elector's disability or illness arose after the 11 deadlines in clause (2) of subsection (a), order the county 12 board of elections to permit such elector to vote by absentee 13 ballot on the date of the election and to immediately issue the 14 appropriate absentee ballot to such elector. Any petition filed 15 with the court under this clause shall be in lieu of and contain 16 the same information received for an application and affidavit 17 for an absentee ballot. Any absentee ballot cast under the 18 provisions of this clause shall not be subject to sections 19 1302.2 and 1306 and shall be tallied at the county board of 20 elections and the votes added to the appropriate election 21 district or precinct at the time of the official ballot count. 22 The court shall post a list of all persons who are permitted to 23 vote under this clause. 24 (c) In the case of an elector who is necessarily absent 25 because of the conduct of his business, duties or occupation 26 under the unforeseen circumstances specified in this subsection, 27 such Emergency Application shall contain a supporting affidavit 28 from such elector stating that because of the conduct of his 29 business, duties or occupation said elector will necessarily be 30 absent from the State or county of his residence on the day of 19970H0986B1092 - 3 -
1 the primary or election which fact was not and could not 2 reasonably be known to said elector on or before the first 3 Tuesday prior to the primary or election. 4 Section 1308. Canvassing of Official Absentee Ballots.-- 5 (a) [The] (1) Except as provided in clause (3), the county 6 boards of election, upon receipt of official absentee ballots in 7 such envelopes, shall safely keep the same in sealed or locked 8 containers until they distribute same to the appropriate local 9 election districts in a manner prescribed by the Secretary of 10 the Commonwealth. 11 [The] (2) Except as provided in clause (3), the county board 12 of elections shall then distribute the absentee ballots, 13 unopened, to the absentee voter's respective election district 14 concurrently with the distribution of the other election 15 supplies. Absentee ballots shall be canvassed immediately and 16 continuously without interruption until completed after the 17 close of the polls on the day of the election in each election 18 district. The results of the canvass of the absentee ballots 19 shall then be included in and returned to the county board with 20 the returns of that district. No absentee ballot shall be 21 counted which is received in the office of the county board of 22 election later than five o'clock P. M. on the Friday immediately 23 preceding the primary or November election. 24 (3) Any absentee ballot cast under the provisions of clause 25 (2) of subsection (b) of section 1302.1 shall be safely kept in 26 a sealed or locked container until the absentee ballots are 27 counted at the time of the official ballot count. 28 * * * 29 Section 2. This act shall take effect immediately. B3L25RZ/19970H0986B1092 - 4 -